PHAI Online - The Public Health Advocacy Institute
Posts Tagged ‘litigation’
Yet another plaintiff’s verdict in Florida: Piendle v. RJ Reynolds Tobacco Co. et al.
Thursday, August 5th, 2010
August 5, 2010
FOR IMMEDIATE RELEASE
Contact: Edward L. Sweda or Mark Gottlieb (617) 373-8462 or (617) 373-2026
A Palm Beach, Florida jury today returned a verdict of $2.2. million against Philip Morris and R.J. Reynolds, on behalf of Liz Piendle, the widow of Charles Piendle, who died from lung cancer in 1996 at the age of 55. The jury assessed $4 million, but found Mr. Piendle to be 45% responsible while the two defendants were found to be 55% responsible (27.5% each) for his death; therefore, the $4 million figure was reduced to $2.2 million. The jury also found that Mr. Piendle was addicted to cigarettes containing nicotine, that his addiction was a legal cause of his lung cancer and death, that Philip Morris and R.J. Reynolds placed “defective and unreasonably dangerous cigarettes” on the market and that “by clear and convincing evidence” punitive damages are warranted against both of the defendants.
The Piendle family is represented by Searcy, Denney, Scarola, Barnhart & Shipley; Attorney Greg Barnhart can be reached at 561-686-6300.
Edward L. Sweda, Jr., Senior Attorney for the Tobacco Products Liability Project (TPLP), a project of the Public Health Advocacy Institute, was delighted with today’s verdict. “There have now been 19 plaintiff verdicts out of the 22 Engle Progeny cases that have gone to a full jury verdict. Today’s verdict is welcome news for the Piendle family as well as for all those who believe that corporate wrongdoers deserve to be held accountable for their reprehensible misconduct. We look forward to the jury’s assessment of punitive damages in this case, something designed both to punish those wrongdoers and to deter such misconduct in the future,” Sweda concluded.
More Florida Verdicts against Cigarette Companies – Buonomo
Friday, May 21st, 2010
On May 20, 2010 after a three-week trial, a six-person Fort Lauderdale, Florida jury returned a verdict in favor of Connie Buonomo, the widow of Matthew Buonomo, who died from chronic obstructive lung disease in 2008 at the age of 80.Mr. Buonomo had started smoking as a teenager.
The defendant, R.J. Reynolds Tobacco Co. was ordered to pay $5 million in compensatory damages and $25 million in punitive damages. After deliberating for five hours, the jury unanimously determined that R.J. Reynolds was 77.5 percent responsible for Mr. Buonomo’s death, compared with 22.5 percent responsibility for the deceased. Of the 19 “Engle Progeny” cases that have reached a jury verdict since February 2009, 16 of the verdicts have been for the plaintiffs.
See the Sun-Sentinel’s account.
Louisiana Court of Appeals Orders Tobacco Companies to Pay Over $230 Million for Court-Approved Smoking Cessation Program
Wednesday, April 28th, 2010
FOR IMMEDIATE RELEASE
Contact: Edward L. Sweda or Mark Gottlieb
(617) 373-8462 or (617) 373-2026
Nearly fourteen years after the lawsuit was originally filed, the Court of Appeal of Louisiana, Fourth Circuit on Friday affirmed a trial court judgment in Scott v. American Tobacco Co., et al., that the major American tobacco companies must fund a smoking cessation program to benefit more than 200,000 Louisiana smokers.
Attorney Steve J. Herman, who represents the plaintiffs, said: “after a three-year trial and a six-year appeals process going all the way to the U.S. Supreme Court, we are happy with the court’s unanimous decision, and optimistic that the court-supervised programs awarded by the jury in 2004 can now be funded, so that smokers can get assistance in quitting from qualified Louisiana health care providers.” Attorney Herman can be reached at 504-680-0554.
Edward L. Sweda, Jr., Senior Attorney for the Tobacco Products Liability Project (TPLP), a project of the Public Health Advocacy Institute (PHAI) based at Northeastern University School of Law in Boston, welcomed the unanimous decision, which he described as “a clear victory for the health of thousands of Louisiana smokers who will benefit from the four components of the smoking cessation program approved by the Louisiana Court of Appeal in 2007.” Those four components are: 1) reimbursement of smoking-cessation related medication; 2) telephone quit lines; 3) health intervention systems; and 4) intensive cessation programs.
“This case is a trailblazer,” added Richard A. Daynard, founder of TPLP and a Northeastern University Law Professor. “Attorneys in the other 49 states should file similar claims so that their citizens can also get the benefits of this program,” he concluded
Tobacco Products Liability Project hails $244 million punitive damages award against Philip Morris as “entirely proportionate to the level of reprehensible misconduct by the company”
Friday, November 20th, 2009
A Fort Lauderdale, Florida jury on the afternoon of November 19, 2009 returned a nearly $300 million dollar ($55 million in compensatory damages and $244 million in punitive damages) verdict against tobacco giant Philip Morris in the trial of Naugle vs. Philip Morris. The three-week trial featured the testimony of the plaintiff, Luncinda (Cindy) Naugle, who started smoking in 1968 at the age of 20 and who quit smoking in 1993. Ms. Naugle now suffers from severe emphysema. She is represented by the Kelley Uustal Law Firm in Fort Lauderdale. [Contact Attorney Bob Kelley at 954-522-6601.]
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; the jury verdict in the Naugle case was the largest of the eight plaintiff verdicts. Thousands of other Engle progeny cases remain in the pipeline, awaiting trial in Florida.
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The Tobacco Products Liability Project (TPLP) is a project of the Public Health Advocacy Institute, which is based at Northeastern University School of Law in Boston.
A Guide for Plaintiffs’ Attorneys: Using Findings and Resources from USA v. Philip Morris USA, Inc., et al. in Future Claims Against Big Tobacco
Thursday, January 17th, 2008
PHAI has published this practice guide to help plaintiffs’ attorneys understand the some of the value of the judge’s decision in the U.S. Department of Justice’s racketeering suit against the major American cigarette manufacturers for private practice. It highlights the ways in which attorneys may use this opinion in their future claims against “big tobacco” while pointing out areas in which its use may be problematic. It also provides a helpful list of online resources related to the case.
