Categories · Lawsuits
USA, by State · Florida
Lawsuits · Engle
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Jump to full article: CNN, 2009-08-14
Intro: A Florida man who said his wife died of lung cancer at 73 years old won just under $2 million in liability case against Philip Morris USA, a unit of Altria Group Inc. (MO).
Schlesinger Law Firm, which represented Leon Barbanell, said its case drew on findings from the 1994 Engle class-action case, which the Florida Supreme Court decertified in 2006. However, the state's high court allowed class members to bring individual lawsuits relying on the findings. . . .
Altria Associate General Counsel Murray Garnick decried the ruling, saying in a prepared statement, "From beginning to end, this case was marked by legal rulings that should be reversed on appeal, including allowing this jury to rely almost exclusively on findings by a prior jury that have no direct connection with the plaintiff in this case."
The company also noted that the trial court previously ruled the plaintiff wasn't entitled to punitive damages because he couldn't prove his wife had relied on any alleged concealment.
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