As critical as a well-prepared closing is, sometimes the moments with the biggest impact are delivered as a counterpunch to a remark by opposing counsel.  That’s how James Butler framed the 60 seconds of silence during rebuttal argument in Walden v. Chrysler Group LLC.

Scott Schlesinger delivers closing arguments on behalf of his client, Robert Shulman, who claims the concealment of smoking's dangers by the nation's three largest tobacco companies caused his cancer, heart, and respiratory diseases. Jurors last week found in favor of the tobacco companies.  

 West Palm Beach, FL—Jurors last week cleared the nation’s three largest tobacco companies of liability for the cancer and heart and lung diseases a 95-year-old former former pilot claims stemmed from more than four decades of smoking. Shulman v. R.J. Reynolds, et al. 2007-CA-023832. 

Toxic tort cases involving dangerous exposure from decades earlier can be rife with problems linking the allegedly toxic product to your client's disease. In some cases, you'll have to ask jurors to infer connections based on limited documentary evidence and no "smoking gun" proof. James Ferraro was faced with a similar situation in a mesothelioma suit against Georgia Pacific, but, in a closing that connected the dots from wallboard to his client's cancer, won an eight-figure verdict. 

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.

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.