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Headlines Tagged with Engle 2,607 headlines found

94 Views

[Florida] Eleventh Circuit Rejects Use of Engle Findings by Smoker's Estate

said that, in relying on findings from the scuttled class action proceedings, the plaintiff's claims are preempted by federal law that has long regulated, but not banned, the sale of cigarettes.
Daily Report
added Apr 11, 2015 19:31
61 Views

[Florida] Eleventh Circuit Rejects Use of Engle Findings by Smoker's Estate

Such a duty operates, in essence, as a ban on cigarettes. Accordingly, it conflicts with Congress's clear purpose and objective of regulating—not banning—cigarettes, thereby leaving to adult consumers the choice whether to smoke cigarettes or to abstain."
Daily Report
added Apr 10, 2015 02:48
41 Views

[Florida] 11th Circ. Says Fed. Law Blocks Claims In Engle Progeny Suit ($$)

said the claims wrongly imposed a duty on all cigarette makers that they breached every time they put a cigarette on the market. That result is inconsistent with Congress’ aim to give consumers the right to choose whether to smoke, according to the panel
Law360
added Apr 9, 2015 13:37
67 Views

[Florida] GRAHAM v R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA, INC., LORILLARD TOBACCO COMPANY (PDF)

Florida...may not enforce a duty, as it has through the Engle jury findings, premised on the theory that all cigarettes are inherently defective and that every cigarette sale is an inherently negligent act. So our holding is narrow indeed: it is only t
US Court of Appeals for the Eleventh Judicial Circuit
added Apr 9, 2015 11:56
95 Views

U.S. appeals court deals setback to Florida tobacco plaintiffs

11th U.S. Circuit Court of Appeals reverses more than $800,000 in damages...court said smokers who, like Graham, were originally part of a massive class action...could not rely on findings from the class action trial to prove claims that cigarettes are d
Reuters
added Apr 9, 2015 00:38
59 Views

[Florida] Setback for Philip Morris in Two Tobacco Cases

The rulings settle a division between the state's intermediate appeals courts on how the statute of repose applies to claims by longtime smokers. Tina Russo is the plaintiff in the first case, standing in for her mother, Phyllis Frazier, who di
Courthouse News
added Apr 8, 2015 10:56
10 Views

[Florida] VIDEO: Ryan v. RJ Reynolds Clip 3 [MISTRIAL]

Vimeo
added Apr 7, 2015 12:43
58 Views

Florida Supreme Court upholds Engle punitive damages

smokers ... would have to prove that the manufacturers made a fraudulent claim about the dangers of cigarette smoking between May 5, 1982, and May 5, 1994, and that they relied detrimentally on those fraudulent claims in continuing to smoke.
Winston-Salem (NC) Journal
added Apr 3, 2015 22:15
64 Views

[Florida] Bombshell Engle Rulings Leave Big Tobacco Facing Retrials ($$)

will lead to retrials of several cases in two of the state's largest circuits, and could allow plaintiffs who score high-dollar damage awards to hang on to their winnings after trial. In two highly anticipated rulings, the court held that tobacco compani
Law360
added Apr 7, 2015 12:45
38 Views

[Florida] Tobacco Ruling Causes Mistrial 'Nightmare,' Judge Says ($$)

A Florida judge declared a mistrial Thursday in an Engle progeny case against R.J. Reynolds Tobacco Co. that was well underway, hours after the state's Supreme Court handed down game-changing rulings for tobacco lawsuits that caused what the judge called
Law360
added Apr 7, 2015 12:42
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