Tobacco.org

• Both Sides Claim Victory in Tobacco Ruling 

However, a local attorney who fought the cigarette companies and won says the ruling will make it easier to try their individual cases.

Woody Wilner says, "The toll from this preventable epidemic is huge." . . .

Wilner says that case paved the way for another major decision a decade later, this time by the Florida Supreme Court. "The Florida Supreme Court has ruled cigarette smoking is addictive."

While class action lawsuits are no longer allowed, Wilner says he has up to 10,000 individual cases that are qualified to individually sue the tobacco companies for damages. "We intend to file as many cases that are presented to us."

Grady Carter is now a frail 76-year-old former smoker who survived lung cancer, and he too is pleased with the Supreme Court ruling. "I have many friends who were not as lucky as I and have died of lung cancer. Any way we can stop this, I hope they get compensation."

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• Tobacco case headed to Florida Supreme Court 

Norwood “Woody” Wilner will be busier than usual over the next few weeks, helping fortify a class action dream that is two steps away from becoming reality.

Admittedly, those are two large steps. The Florida Supreme Court first, with the U.S. Supreme Court undoubtedly waiting in the wings. But the payoff is enormous — $145 billion. If finally approved, it would be the largest victory in the history of the world for any product liability, said Wilner, of Spohrer Wilner Maxwell & Matthews.

At stake is a final judgment in the case of Engle v. Liggett Group Inc., a class action suit originally filed in 1994 in Miami-Dade Circuit Court on behalf of six lead plaintiffs and 700,000 additional Florida smokers. . . .

Wilner will file briefs in support of the Rosenblatts by the June deadline. Oral arguments will be heard Oct. 6. . . .

Wilner estimated that close to 5,000 of Spohrer Wilner’s clients are members of the class action. The firm gets about 30 calls every day from people who may become clients.

Wilner said that, despite a handful of victories over the tobacco industry, it has been “a very, very hard battle” for the dozen or so years he’s been involved. . . .

“Do the smokers have enough in common?” Wilner asked. “Just the fact of smoking ought to be enough.

“If you’re in a bus accident, and the bus goes down a ravine, that’s a typical class, even though somebody hit their head and somebody broke their leg.”

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• Brown & Williamson Says Florida Supreme Court Erred in Reversing Court of Appeals Decision 

``This decision is in direct conflict with the United States Supreme Court decision in the Cipollone case, which established the doctrine of preemption,'' said B&W attorney John Finley. That doctrine finds that the accuracy of federally mandated health warnings on each pack of cigarettes can not be challenged.

``We will seek a rehearing before the Florida Supreme Court, and we are considering going directly to U.S. Supreme Court,'' he said. ``We are confident that this case eventually will be resolved consistent with the U.S. Supreme Court's prior rulings.''

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This decision is in direct conflict with the United States Supreme Court decision in the Cipollone case, which established the doctrine of preemption. That doctrine finds that the accuracy of federally mandated health warnings on each pack of cigarettes can not be challenged. We will seek a rehearing before the Florida Supreme Court, and we are considering going directly to U.S. Supreme Court.
B&W attorney John Finley, on the Carter decision. <I>Brown & Williamson Says Florida Supreme Court Erred in Reversing Court of Appeals Decision</I>