Jump to full article: Law.com, 2008-09-10
Author: Billy Shields Daily Business Review
Intro: Federal judges in Miami, Jacksonville and Tampa have thrown a legal monkey wrench into thousands of lawsuits filed on behalf of sick smokers by rejecting a pivotal part of a Florida Supreme Court decision.
The state's high court broke up a statewide class action but ruled future plaintiffs could use a Miami jury's findings on 23 illnesses caused by smoking and industry negligence in future personal injury suits against cigarette makers.
U.S. District Judge Ursula Ungaro in Miami backed off in an Aug. 8 ruling by allowing the link between cigarette makers and illnesses to come into play again.
U.S. District Judge Howard Schlesinger in Jacksonville followed up Aug. 28 with a stronger order rejecting the findings, and U.S. District Judge Steven D. Merryday in Tampa adopted Schlesinger's order the same day.
Edward Sweda Jr., senior attorney for the Tobacco Liability Project, an anti-smoking group at Northeastern University's law school in Boston, said he found the developments "troubling."
"The effect of it would be that a federal judge would be overturning the ruling of a state supreme court," he said. . . .
Schlesinger concluded the state violated the U.S. Constitution by depriving the tobacco industry of due process.
"This court will not sacrifice the fundamental right of due process upon the altars of expediency, thrift and 'pragmatism,' " he wrote. . . .
"The Florida Supreme Court is the apex judicial system in the state of Florida, and its rulings are binding," said Miles McGrane of McGrane Nosich & Ganz in Coral Gables, Fla. He represented his late father-in-law, John Lukacs, in a smoking case that produced a $24.8 million compensatory judgment last month.
"This is typical of the tobacco industry. If they don't like what they get, they find some other court," he said. "I don't think the state judges are going to fall for it."
Philip Gerson with Gerson & Schwartz in Miami, who also represents smokers, said the rulings mean "nothing." . . .
"We think it's a federal court commenting on what Engle means in a rather aggressive manner," he said. "It is a failure of the federal court to reflect the faith and credit of the state court system."
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Quotes from this article:
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.
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