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• Florida Judge Orders New Secondhand Smoke Trial 

A Miami-Dade Circuit Court judge rebuked tobacco industry attorneys for misleading her with regard to evidentiary law and granted a new trial in a secondhand smoke case that had resulted in a tobacco victory.

The Wednesday ruling gives new life to the case of former American Airlines flight attendant Suzette Janoff, who sued Philip Morris, Lorillard Tobacco, R.J. Reynolds and Brown & Williamson, claiming that secondhand smoke she inhaled while working aboard airliners caused her chronic sinusitis. The tobacco companies prevailed in a jury trial that ended in September.

In her order, Judge Leslie B. Rothenberg stated that granting a new trial is a "warning to lawyers who argue positions to the court that they knew or should have known was contrary to the law." . .

In a notable instance of judicial candor, Rothenberg said she told the attorneys during the trial that she had limited knowledge of the evidentiary issue and sought their input.

Rothenberg said the tobacco attorneys had presented her with an argument that had been rejected in a similar secondhand-smoke flight attendant case. Rothenberg, who has been on the civil bench for less than a year after nine years in criminal court, wrote that the attorneys knew or should have known their argument was wrong.

"These same lawyers had made similar arguments to an experienced civil judge, the Hon. Fredricka Smith, prior to the trial before the court and were not permitted to do that which they argued to this court was permissible," wrote Rothenberg. . .

According to Hunter, Janoff's new trial could be held as early as March, but he expects Rothenberg's ruling to be appealed to the 3rd District Court of Appeal.

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These same lawyers had made similar arguments to an experienced civil judge, the Hon. Fredricka Smith, prior to the trial before the court and were not permitted to do that which they argued to this court was permissible.
Judge Leslie B. Rothenberg, whose ruling grants a new trial in the Janoff secondhand smoke case.

[The ruling granting a new trial in the Janoff case is a] warning to lawyers who argue positions to the court that they knew or should have known was contrary to the law.
Miami-Dade Circuit Court Judge Leslie B. Rothenberg.