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BREAKING UPDATE: $14M in Punitives Pushes Verdict for Smoker's Widow to $21M Total in Trial Against Philip Morris & RJR

Posted by Arlin Crisco on May 21, 2018 10:11:55 PM

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5/24/18 9AM Update: The Florida state court jury imposed a $10 million punitive verdict against Philip Morris and another $4 million against R.J. Reynolds after deliberating for about four hours Wednesday in the second phase of trial over the lung cancer death of Fred Theis. The punitive verdict brings the total damage award to $21 million. 

5/22/18 11:51 AM Update: Jurors awarded $7 million to the widow of a Florida smoker, and concluded punitive damages are potentially warranted, after finding R.J. Reynolds and Philip Morris responsible for his lung cancer death. The jury, which also found the cigarette makers liable on fraud and conspiracy claims, apportioned 60% of fault to Philip Morris, 15% to Reynolds and 25% to Fred Theis, the smoker at the center of the case. Punitive proceedings are slated to begin this afternoon. 

Venice, FL—Attorneys sparred Monday over what, if any, responsibility the nation’s two largest cigarette makers bore for the lung cancer death of a long-time Florida smoker, as closings wrapped before the case went to the jury. Theis v. Philip Morris, et al., 2011-CA-001941.

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Topics: tobacco, Engle Progeny, Florida, Theis v. Philip Morris, et al.

Tobacco Giants Responsible for Woman's Lung Cancer Death, Atty Claims as Trial Begins

Posted by Arlin Crisco on May 21, 2018 9:11:38 PM

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West Palm Beach, FL—A tobacco industry scheme to undermine medical evidence of smoking’s risks led to a Florida woman’s fatal cancer, an attorney for the woman’s family said Friday, as trial opened against R.J. Reynolds and Philip Morris. Landi v. R.J. Reynolds, et al. 2008-CV-025814.

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Topics: tobacco, Engle Progeny, Florida, Landi v. R.J. Reynolds

Plaintiffs Aim to Snuff Out Florida Ban on Smokable Medical Marijuana as Key Case Goes to Trial

Posted by Arlin Crisco on May 15, 2018 11:13:00 PM

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Tallahassee, FL—Trial is set Wednesday for a group challenging Florida’s ban on smokable medical marijuana, one of the first attacks on the law enacting a state constitutional amendment legalizing medicinal cannabis. CVN will broadcast the trial live. People United for Medical Marijuana Inc. v. Florida Department of Health 2017-CA-001394.

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Topics: Florida, People United v. Florida Department of Health

Gordon & Doner's Scott Fischer Wins Nearly Million-Dollar Verdict With Scathing Close in Patient Fall Trial |VIDEO|

Posted by Arlin Crisco on May 4, 2018 10:25:18 AM


Medical center guidelines often form the central legal battleground in cases against hospitals. The defense will use compliance with the guidelines as proof that treatment met appropriate standards, while the plaintiff must show the hospital violated its own protocol or those guidelines didn’t apply. In 2017, Gordon & Doner's Scott Fischer secured a nearly $1 million verdict in a patient fall trial with a closing that hammered the hospital's safety protocol. Harrison v. West Boca Medical Center.

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Topics: Medical Malpractice, Florida, Harrison v. West Boca Medical Center Inc.

Mark Avera's Closing Argument Sets Up $1.1M Verdict at Trial Over Backbreaking Fall From House Deck |Video|

Posted by Arlin Crisco on Apr 27, 2018 7:09:40 AM


The destruction of key evidence can kneecap a plaintiff’s case, regardless of any adverse inference instruction a judge may give. In 2017's Fournier v. Derazi trial, however, Mark Avera overcame the destruction of vital evidence to win a seven-figure verdict for a college student injured in a fall from a house deck. 

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Topics: Premises Liability, Florida, Fournier v. Derazi