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The Florida Supreme Court is the ultimate arbiter and decider of Florida law, except to the extent that any constitutional issue is indicated. To the extent there are any constitutional issues, it would create federal questions that ultimately the U.S. Supreme Court would have jurisdiction to decide.Joel S. Perwin, a Florida lawyer who specializes in appellate work, on the Engle litigation.
This court will not sacrifice the fundamental right of due process upon the altars of expediency, thrift and 'pragmatism.'U.S. District Judge Howard Schlesinger in Jacksonville, who rejected FL Supreme Court Engle ruling.
We think it's a federal court commenting on what Engle means in a rather aggressive manner. It is a failure of the federal court to reflect the faith and credit of the state court system.Philip Gerson with Gerson & Schwartz in Miami, who represents some Engle smokers.
At most, these findings establish that at some time the Defendants sold a defective product, concealed their tortious behavior, acted negligently, breached an express or implied warranty, and engaged in a conspiracy to misrepresent information relating to the health effects of smoking. . . . the Phase I findings merely establish conduct as a broad abstraction, and conduct in the abstract fails to meet the identity requirement to apply such findings in the specific cases before this Court.HARVEY E. SCHLESINGER , United States District Judge in Jacksonville, FL, ruling on the Engle/Brown case.
The apparent flaw with the jury form, and any verdict delivered from the form, is its nonspecificity with respect to what acts or omissions committed by what Defendant breached what duty to which Plaintiff causing what injury. As such, this Court "would have to embark on sheer speculation" to determine what issues were actually decided during the Phase I trial and how to apply them to the individual claims before this Court. HARVEY E. SCHLESINGER , United States District Judge in Jacksonville, FL, ruling on the Engle/Brown case.
I can't think of any segment of our society that are not targeted, except people who are underage.Michael York, a Washington, D.C., outside counsel for Philip Morris. . . Quoted in <i>Smoking gun: Blacks say menthol cigarette ads targeted them</i>