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Update: R.J. Reynolds, Philip Morris Hit with $11M in Damages For Restaurateur's Fatal Lung Cancer

Posted by Arlin Crisco on Nov 18, 2015 12:19:32 AM

Brent Bigger delivers closing arguments for his client, Phyllis Barbose. Jurors awarded Barbose $10 million plus potential punitives in her suit against R.J. Reynolds and Philip Morris. 


Update 11/18/2015: Jurors imposed a $1 million punitive verdict against Philip Morris and R.J. Reynolds Wednesday afternoon, splitting the penalty equally between the two tobacco companies. The jury reached its decision following about an hour of deliberations and closing arguments in which Phyllis Barbose's attorney, Knopf Bigger's Brent Bigger, requested $20 million in punitives. 

The decision on punitives brings the case's total damage award to $11 million. 

Clearwater, FL—Jurors this afternoon awarded $10 million, plus potential punitive damages, to the widow of a pizzeria owner who claimed the country’s two largest cigarette manufacturers are responsible for her husband’s 47-year nicotine addiction and his fatal lung cancer. Barbose v. Philip Morris, 2014CA003532.

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Topics: Negligence, Products Liability, tobacco, Engle Progeny, Florida, Barbose v. Philip Morris

Ernst & Young Suffers Loss At 1st Trial Over Auditing Of Bernie Madoff Funds

Posted by David Siegel on Nov 15, 2015 3:16:00 PM

Plaintiffs' attorney Steven Thomas read jurors testimony from an Ernst & Young partner during his closing argument. (Click here to see video from the trial.) 

Seattle — A Washington State court jury sided with investors on Friday who lost $112 million dollars in Bernie Madoff’s historic Ponzi scheme in their lawsuit against Ernst & Young LLP, finding that the accounting giant was negligent by signing off on audits of billions in assets that didn’t exist.

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Topics: Negligence, Finance, Accounting, FUTURESELECT PORTFOLIO MANAGEMENT V. ERNST & YOUNG

The Rebuttal Argument that Delivered an $18.9M Verdict in Motorcycle Crash Case

Posted by Courtroom View Network on Nov 12, 2015 9:51:34 AM

 

Rebuttal of a closing argument can be one of the most difficult elements of trial for a plaintiff's attorney. It's your last opportunity to speak on behalf of your client and the last words jurors will hear from either side before they deliberate. However, the rebuttal's focus on a defense argument typically given moments earlier means you don't have the preparation time you have for your initial summation. In Van Zyl v. Fain, Keith Mitnik delivered a powerful rebuttal to the defense's damage argument, and ultimately won nearly $19 million for his client. 

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Topics: Negligence, Van Zyl v. Fain, Florida, Transportation

Nonagenarian's Motivation to Quit Smoking Questioned in Trial Against Big Three Tobacco Companies

Posted by Arlin Crisco on Nov 11, 2015 7:11:24 PM

Daniel Seidman tells jurors Robert Shulman was so dependent on nicotine that he suffered withdrawal symptoms similar to clinical depression when he tried to quit smoking. Shulman, 94, claims his nicotine addiction caused his bladder cancer and heart and pulmonary disease. 

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Topics: Negligence, Products Liability, tobacco, Engle Progeny, Florida, Shulman v. R.J. Reynolds, et al.

$325K in Punitives Against Philip Morris Doubles Verdict in Trial Over Mortician's Lung Cancer Death

Posted by Arlin Crisco on Nov 6, 2015 4:18:33 PM

Matthew Schultz delivers closing arguments in his client Micah Danielson's suit against Philip Morris for the lung cancer death of her husband, Lamar. Jurors awarded $325,000 in punitives Thursday, bringing the total jury verdict to $650,000. 


Pensacola, FL—Philip Morris was found liable for $325,000 in punitive damages Thursday for its role in the lung cancer death of a 42-year-old mortician who smoked the company's Marlboro cigarettes for most of his life. Danielson v. Philip Morris, 2007-CA-002737.

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Topics: Negligence, Products Liability, tobacco, Engle Progeny, Florida, Danielson v. Philip Morris