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On the main appeal, we reverse and remand with instructions for the trial court to vacate the punitive damages awards, but affirm on all other issues. On the cross-appeal, we reverse and remand with instructions for the trial court to reinstate the e
The Florida 13th Circuit Court jury needed about 90 minutes to conclude Loretta Ellis did not suffer from chronic obstructive pulmonary disease, or COPD, caused by more than 50 years of smoking. Ellis, 82, died in 2010. Her son, George, along with three
A cross-appeal by R.J. Reynolds Tobacco Co. in which the tobacco company asserted that it was entitled a directed verdict on intentional tort claims in an…
n a Dec. 7 holding, Florida’s Second District Court of Appeal turned away claims by Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. that a plaintiff
lorida Supreme Court on Thursday denied R.J. Reynolds Tobacco Co. and Crane Co.’s bids for a do-over of a closely watched October ruling in which it reinstated an $8 million…
Damages for R.J. Reynolds Tobacco Co.’s negligence and strict liability shouldn’t be reduced to reflect a smoker’s own fault, the Florida District Court of Appeal, Fourth District, said Dec. 5. That’s because a jury found the company fraudulently concea
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a $6.25 million verdict in a Florida Engle-progeny smoking injury case and reinstated $20.76 million in punitive damages against R.J. Reynolds Tobacco Co. and Philip Morris USA.
Thus, the decision under review must be affirmed in any event. Any other result would deny defendants a right to question potential jurors and deny them a right to a fair trial.
After being diagnosed with squamous cell carcinoma of the lung, a form of lung cancer, James Chadwell underwent multiple rounds of chemotherapy and radiation. However, the cancer metastasized to his brain, and he died in November 1993, at the age of 31.
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