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  • Eleventh Circuit rules that retrial of punitive damages claim in Engle-progeny tobacco case will not include retrial of underlying claims for negligence and strict liability for which a jury has already awarded plaintiff $2.125 million

    On September 15, 2020, in Sowers v. R.J. Reynolds Tobacco Company, No. 18-1191, the Eleventh Circuit Court of Appeals ruled in an Engle progeny...

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  • Florida Third DCA affirms directed verdict for defendant tobacco company on plaintiff’s punitive damages claims in Engle-progeny tobacco case

    On August 5, 2020, in Hardin v. R.J. Reynolds Tobacco Company, No. 3D18-0958, an Engle- progeny tobacco case, the Florida Third DCA affirmed a trial court’s directed verdict in favor of the defendant tobacco company ...

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  • Florida Third DCA affirms multi-million verdict against tobacco company in Engle-progeny tobacco lawsuit

    On July 15, 2020, in R.J. Reynolds Tobacco Company v. Rouse, No. 3D19-0629, the Florida Third DCA affirmed a trial court ruling denying the defendant tobacco company's ...

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  • Florida Fourth DCA concludes that decedent smoker’s case against tobacco companies qualified as Engle progeny case even though the diagnosis of the smoker’s cancer did not occur until after the Engle class cut-off date

    On May 6, 2020, in Philip Morris USA Inc., et al, v. Santoro, No. 4D18-1730, the Florida Fourth DCA affirmed a trial court ruling denying the defendant ...

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  • Florida Fourth DCA finds that tobacco company defendant’s use of the term “filter” in advertising its cigarettes was a deceptive statement because filters do nothing to make cigarettes healthier

    On February 26, 2020, in R.J. Reynolds Tobacco Company v. Burgess, No. 4D18-3014, the Florida Fourth DCA affirmed a $3 million judgment for the plaintiff ...

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  • Florida First DCA rules in Engle-progeny tobacco case that trial court erred in refusing to give jury instruction requested by defense on conspiracy to commit fraudulent concealment count, requiring retrial of all counts because they were “inextricably intertwined”

    On October 24, 2019, in R.J. Reynolds Tobacco Company v. Prentice, No. 1D17-2104, the Florida First DCA reversed a jury verdict ...

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  • Florida Third DCA rules that trial court committed reversible error by allowing the plaintiff to testify that her physicians had told her that her lung cancer was caused by cigarette smoking

    On March 20, 2019, in Phillip Morris USA v. Gloger , No. 3D18-341, the Florida Third DCA reversed a final judgment for an Engle -progeny tobacco plaintiff and remanded the caser for a new trial due to ...

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  • Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment precluded comparative fault reduction on all claims

    On January 25, 2018, in Smith v. R. J. Reynolds Tobacco Co ., No, 13-14316, the Eleventh Circuit Court of Appeals affirmed a district court’s decision not to reduce a compensatory damage award in an ...

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  • Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims

    On January 10, 2018, in Phillip Morris USA v. Blackwood , No. 4D16-897, the Florida Fourth DCA reversed a trial court’s ruling in an Engle progeny tobacco case denying the plaintiff’s motion to amend ...

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  • Florida Supreme Court resolves circuit conflict, rules that Florida's comparative fault statute does not apply to Engle progeny tobacco cases involving intentional torts

    On December 14, 2017, in Schoeff v. R.J. Reynolds Tobacco Company , No. SC15-2233, the Florida Supreme Court resolved a circuit conflict between the First and Fourth DCAs, ruling that Florida’s ...

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  • Florida Fourth DCA rules that defendant waived right to comparative fault reduction in Engle progeny tobacco case by assuring jurors that comparative fault would not apply

    On November 22, 2017, in Philip Morris v. Marchese , No. 4D16-2003, the Florida Fourth DCA reversed a trial court’s reduction of the plaintiff’s compensatory damage award to account for the ...

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  • Florida Second DCA rules in Engle progeny tobacco case that applicable punitive damages statute relates back to class certified in 1994 Engle class action complaint

    On September 15, 2017, in R.J. Reynolds Tobacco Company v. Evers , No. 2D16-1603, the Florida Second DCA ruled in an Engle progeny tobacco case that that applicable punitive damages statute related ...

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