http://www.tobacco.org/newsfeed/org/mo.rss Latest top tobacco news headlines en-us http://www.nytimes.com/2009/11/21/business/21smoke.html http://tobacco.org/news/293073.html Legal experts predict that thousands of tobacco lawsuits could gain momentum in Florida after a Fort Lauderdale jury ordered Philip Morris USA to pay $300 million to a former smoker who says she needs a lung transplant. If it survives an appeal, the verdict late Thursday would be the nation's largest award of damages to an individual suing a tobacco company and could encourage thousands of plaintiffs who have filed similar cases in Florida, according to Clifford E. Douglas of the University of Michigan Tobacco Research Network. . . . Brendan J. McCormick, a spokesman for Altria, said Friday that the company expected the federal appellate court to reject the standards of proof set by the state Supreme Court. "What you have is a defined number of cases in Florida with unique issues that will ultimately be resolved on appeal," he said. David J. Adelman, a tobacco analyst for Morgan Stanley, said the Florida case and, separately, forthcoming class-action lawsuits over light cigarette claims pose an "undeniable" increase in the industry's legal risk "which had previously declined to an unprecedented low point." In an interview, Mr. Adelman noted that there were no jury trials in cigarette cases all of last year, and that other states had decertified class-action suits New York Times Sat, 21 Nov 2009 05:00:00 GMT http://weblogs.sun-sentinel.com/news/politics/broward/blog/smokingverdict.pdf http://tobacco.org/news/293063.html We the Jury, return the following verdict: 1. Was the negligence on the part of Philip Morris USA a legal cause of Lucinda Naugle's emphysema? Yes-V. 2. Were the defective cigarettes by reason of their design, manufactured by Philip Morris USA, a legal cause of Lucinda Naugle's emphysema? Yes-V. 3. Did Lucinda Naugle reasonably rely on a statement to her detriment made by Philip Morris USA that intentionally concealed or omitted material information? Yes-V. 4. On the claim of fraud by conspiracy, were acts done by Philip Morris USA, in furtherance of the conspiracy a legal cause of Ms. Naugle's injuries? Yes-V. . . . 8. Please state whether, under the circumstances of this case, you find by clear and convincing evidence that punitive damages are warranted against Defendant, Philip Morris USA. Yes-V. In determining the amount of punitive damages, if any, please state the total amount which you feel should-be assessed against the defendant. The Court, in entering judgment, will not reduce the amount of punitive damages by the percentage of fault which you find is chargeable to the plaintiff. 9. What is the total amount of punitive damages, if any, you find, by the greater weight of the evidence, should be assessed against Philip Morris USA? $244,000,000 SO SAY WE ALL, this 19 day of November, 2009, Sun-Sentinel Thu, 19 Nov 2009 05:00:00 GMT http://abcnews.go.com/Business/wireStory?id=9135428 http://tobacco.org/news/293059.html A former smoker who just won a $300 million verdict in Florida against Philip Morris USA has pulled out of a news conference about the case. Lawyers for 61-year-old Cindy Naugle will talk at the Friday news conference in Fort Lauderdale. But a spokesman for the attorneys said Naugle canceled plans to speak due to health reasons. Naugle has emphysema. AP Fri, 20 Nov 2009 05:00:00 GMT http://www.google.com/hostednews/ap/article/ALeqM5iM3ULceEd2Y25T-4zBO9pl3UfB3wD9C30SO80 http://tobacco.org/news/293055.html A South Florida jury on Thursday ordered Philip Morris USA to pay $300 million to a former smoker, agreeing that the tobacco company's negligence was the cause of her emphysema. The award for Cindy Naugle, 61, is the largest to date among thousands of lawsuits filed in the state against tobacco companies. "Cindy admitted her fault to the jury," her attorney, Robert W. Kelley, said in a statement. "But Philip Morris refused to accept any responsibility for her emphysema, even though she was an addicted customer for 25 years." . . . "Large verdicts encourage other large verdicts," said Richard A. Daynard, professor of law at Northeastern University and chairman of the Tobacco Products Liability Project. "I think Philip Morris has finally met its match in Florida. This gives jurors permission to fully compensate plaintiffs for all the harm they suffered and to express their moral outrage at the industry's behavior." AP Thu, 19 Nov 2009 05:00:00 GMT http://www.pointoflaw.com/archives/2009/11/is-the-bell-tol.php http://tobacco.org/news/293054.html There are 8000 more suits pending, and now that it seems clear that PM will be hemorrhaging money, I anticipate a rush to the courthouse to collect before bankruptcy ensues. At $300 million per pop, that's over $2 Trillion dollars. How did the jury come up with this punitive award, given PM's incredible existing exposure? Many states have never seen $56 million compensatory verdicts for one plaintiff. Pointoflaw.com Fri, 20 Nov 2009 05:00:00 GMT http://www.washingtonexaminer.com/local/ap/ex-smoker-hopes-verdict-will-buy-a-lung-transplant-70648027.html http://tobacco.org/news/293053.html When Cindy Naugle took the witness stand in her lawsuit against tobacco company Philip Morris USA, she toted an oxygen bottle and had to pause a few minutes to catch her breath. Lawyers for the 61-year-old Naugle say her emphysema is so bad that she needs a lung transplant and can barely walk a few feet without being winded. The cause of her health problems, lawyers argued, was a 25-year smoking habit. Naugle's lawyers said the cigarette maker committed fraud. They said the tobacco company knew — but concealed — that smoking cigarettes is addictive and harmful to a person's health. Jurors agreed. On Thursday, it took the Broward County panel less than three hours to order Philip Morris to pay Naugle $300 million. It is believed to be the largest award to date among the 7,000-plus lawsuits filed in Florida against tobacco companies. "If the tobacco industry realizes what their ultimate potential exposure will be, maybe they will decide to do the right thing by these people," said Robert Kelley, the Fort Lauderdale attorney who represented Naugle. AP Fri, 20 Nov 2009 05:00:00 GMT http://blogs.wsj.com/health/2009/11/20/former-smoker-sues-philip-morris-wins-300-million/ http://tobacco.org/news/293052.html Florida's never-ending tobacco litigation continued not to end this week. A woman in South Florida who smoked Benson & Hedges for 25 years sued Philip Morris and was awarded $300 million. Wall Street Journal Blogs healthblog@wsj.com (Jacob Goldstein) Fri, 20 Nov 2009 05:00:00 GMT http://www.npr.org/blogs/thetwo-way/2009/11/fla_smoker_wins_300m_judgment.html http://tobacco.org/news/293049.html A key issue in the case was Naugle's contention that Philip Morris concealed the fact that smoking is addictive and harmful. Here's a question: Does this judgment sound fair?(online surveys) (The question closes at 9 a.m. ET on Saturday.) National Public Radio Fri, 20 Nov 2009 05:00:00 GMT http://tobacco.neu.edu/litigation/cases/pressreleases/naugle_verdict.htm http://tobacco.org/news/293048.html Edward L. Sweda, Jr., Senior Attorney for the Tobacco Products Liability Project (TPLP) at Northeastern University School of Law in Boston, was delighted with the jury’s verdict. “Clearly, this jury recognized the outrageous and reprehensible misconduct by Philip Morris and appropriately expressed its outrage by awarding $244,000,000 in punitive damages. This jury went far beyond a slap on the wrists and, instead, hit Philip Morris hard in order to punish the company for its extraordinary wrongdoing and to deter Philip Morris and other tobacco companies from committing similar wrongdoing in the future,” Sweda said. Mark Gottlieb, TPLP’s Director, noted that “trial lawyers should be encouraged by the success that plaintiffs in Florida have been able to achieve when juries have had the chance to review the evidence of cigarette makers’ astonishing misconduct.” Thursday’s verdict was the tenth verdict this year in Engle progeny cases in Florida. 8 out of those 10 verdicts have been for the plaintiffs Tobacco Control Resource Center Thu, 19 Nov 2009 05:00:00 GMT http://www.altria.com/media/press_release/03_02_pr_2009_11_20_01.asp http://tobacco.org/news/293047.html Philip Morris USA said today it will seek further review of a jury verdict awarding approximately $56 million in compensatory damages and $244 million in punitive damages. The verdict came in the trial of a so-called Engle case following a 2006 Supreme Court decision that decertified a class action but allowed former class members to file individual lawsuits. "From the beginning, this case was marked by a fundamentally unfair and unconstitutional trial plan that allowed the jury to rely on findings by a prior jury that have no connection to the plaintiff," said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of Philip Morris USA. "Today's verdict was the result of numerous erroneous rulings by the trial judge that allowed the jury to hear extensive evidence totally unrelated to the individual smoker Altria Group, Inc. Thu, 19 Nov 2009 05:00:00 GMT http://www2.timesdispatch.com/rtd/business/local/article/B-FAKE20_20091119-221406/306841/ http://tobacco.org/news/293036.html The Henrico County-based cigarette-maker has monitored retail markets for years to keep fake versions of its brands off store shelves. This year, Philip Morris has sued 27 stores in New York and New Jersey, which are hotspots for the fakes because of high state taxes, a huge port through which the contraband is easily shipped, and criminal organizations that wholesale the counterfeits. For Philip Morris, the stakes are simple. In addition to the lost sales, the company doesn't want smokers buying a pack of Marlboros and thinking they don't taste the same, said company spokesman David Sutton. . . . "The sale of untaxed cigarettes harms legitimate wholesale and retail businesses and costs New York and New Jersey needed tax revenues that could be used to support essential public services," he said. Richmond Times-Dispatch dress@timesdispatch.com (David Ress) Fri, 20 Nov 2009 05:00:00 GMT http://www.prnewswire.com/news-releases/broward-jury-awards-former-mayors-sister-300-million-in-fraud-case-against-tobacco-giant-philip-morris-usa-70571487.html http://tobacco.org/news/293023.html A Broward Circuit Court Jury returned a $300 million verdict against Philip Morris USA within hours of closing arguments this afternoon in favor of Cindy Naugle, the sister of Jim Naugle, a former mayor of Fort Lauderdale, Florida. Naugle, 61, who stopped smoking in 1993, smoked her first cigarette in 1968 when she was twenty years old because she thought they "made her look older." She told the jury that had she known then what the tobacco companies already knew, but had concealed, namely that nicotine is a highly-additive drug and cigarettes were considered by Philip Morris to be a "drug delivery device," she never would have taken that first puff. The jury assessed $56.6 million against Philip Morris for Naugle's past and future medical expenses as well as for her pain and suffering. It also assessed punitive damages in the amount of $244 million to punish the company for its misconduct. The jury also found Ms. Naugle was 10% responsible because of her decision to start smoking. Ms. Naugle, who tried unsuccessfully to quit smoking for many years, now needs 24-hour oxygen and must travel in a wheelchair because the simple act of walking leaves her exhausted. "Cindy admitted her fault to the jury," said her attorney, Robert W. Kelley of the Fort Lauderdale law firm Kelley/Uustal. "But Philip Morris refused to accept any responsibility for her emphysema, even though she was an addicted customer for 25 years," he added. . . . Kelley went on to say: "The cigarette companies managed to hide the truth about their product for a long time, but the truth is out now. And when the jury finally hears the truth about what these companies knew and when they knew it, they almost always side with the addicted smokers, most of whom started smoking as teenagers before there were any warning labels on cigarette packs." Kelley predicts the industry is in for a long series of losses because "most Americans are fed-up with corporate fraud and misconduct." PR Newswire ttemplin@boardroompr.com ( SOURCE Kelley / Uustal) Thu, 19 Nov 2009 05:00:00 GMT http://www.njbiz.com/article.asp?aID=79857 http://tobacco.org/news/293000.html Reyes Grocery Store and Sunny’s Supermarket , in Newark, were among the defendants named in litigation brought by tobacco company Philip Morris USA. NJBIZ editorial@njbiz.com (João-Pierre Ruth ) Thu, 19 Nov 2009 05:00:00 GMT http://pmusa.com/en/cms/Media/Company_Announcements/2009/International_Trade_Commission_Blocks_Illegal_Internet_Cigarette_Sales.aspx http://tobacco.org/news/292999.html The International Trade Commission (ITC) took action this week to stop illegally imported Marlboro®, Virginia Slims® and Parliament® cigarettes from entering the United States. The ITC issued a General Exclusion Order requiring U.S. Customs and Border Protection (CBP) to deny entry of these illegal goods, which infringe on Philip Morris USA's (PM USA) trademarks. "We're pleased that the ITC has granted the General Exclusion Order, which should be a helpful tool for law enforcement in addressing illicit Internet cigarette sales and reinforces that preventing these imports is a priority," said Joe Murillo, vice president and associate general counsel, Altria Client Services, speaking on behalf of Philip Morris USA. Philip Morris USA Thu, 24 Sep 2009 04:00:00 GMT http://pmusa.com/en/cms/Media/Company_Announcements/2009/Philip_Morris_USA_Sues_Retailers_to_Stop_Counterfeit_Cigarette_Sales.aspx http://tobacco.org/news/292998.html Philip Morris USA (PM USA) filed lawsuits against ten retailers selling counterfeit versions of the company's Marlboro� brand cigarettes in New York and New Jersey. "The New York metropolitan area continues to be a lucrative market for counterfeit and contraband cigarette smugglers," said Joe Murillo, vice president and associate general counsel, Altria Client Services, speaking on behalf of PM USA. "High excise taxes, coupled with New York state's lack of effective tax enforcement, only makes the problem worse," added Murillo. "These lawsuits are the latest in a series of filings by Philip Morris USA aimed at combating the sale of counterfeit cigarettes in New York and New Jersey," said Murillo. Since May 2009, Philip Morris has filed lawsuits against 27 retail locations in New York and New Jersey for selling counterfeit Marlboro� brand cigarettes In addition to violating many trademark laws, counterfeit cigarettes are almost always sold without the appropriate federal and state excise tax. The counterfeit cigarettes purchased from the retailers named in today's suits bore no tax stamp or a counterfeit tax stamp. As a result, the applicable excise taxes were not paid. . . . Eastern District of New York Maria’s Deli Grocery 143-20 101 Avenue, Richmond Hills, NY 11419 Loveras Grocery 996 Nostrand Avenue, Brooklyn, NY 11225 Southern District of New York Aloshe Mini Market 1889 Guerlain Street, Bronx, NY 10461 El Barrio Grocery Deli 39 West 183rd Street, Bronx, NY 10453 Fernandez Grocery Corp. 1665 Madison Avenue, New York, NY 10029 Philip Morris USA Thu, 19 Nov 2009 05:00:00 GMT