Doffermyre Shields' Bob Shields began his opening statement to the jury, in the retrial of Warrick v. R.J. Reynolds, "It was just before Christmas in 1953 when the heads of the major tobacco companies got together for a secret meeting at the Plaza Hotel in New York City to decide what to do about the mounting scientific evidence that cigarette smoking caused cancer.
Topics: Toxic Torts, Products Liability, Engle Progeny, Warrick v. RJ Reynolds, Tobacco Litigation
According to Abrahamson & Uiterwyk's Hendrik Uiterwyk, in Willis v. R.J. Reynolds, plaintiff Jimmy Willis suffered from laryngeal cancer, bladder cancer, lung cancer, and chronic obstructive pulmonary disease (COPD) caused by Willis' addiction to smoking. Mr. Willis stopped smoking in 1993 after he contracted laryngeal cancer, and as a result of the surgery, could only speak or breathe through a hole is his throat.
Topics: Toxic Torts, Products Liability, Willis v. Reynolds, Engle Progeny, Tobacco Litigation
Jones Day's Kevin Boyce convinced a Fort Launderdale jury that although Leonard Budnick died of lung cancer caused by smoking, an addiction to smoking was not the legal cause of Mr. Budnick's death; instead, Mr. Budnick smoked because he wanted to.
Topics: Toxic Torts, Products Liability, Budnick v. Reynolds, Engle Progeny, Tobacco Litigation
In closing the liability phase of Budnick v. R.J. Reynolds, plaintiff attorney Stephen Hammer reminded the jury that the defense agreed that Lenny Budnick died from lung cancer caused by cigarettes. The only question in the case, said Mr. Hammer, was whether Mr. Budnick was addicted to cigarettes.
Topics: Toxic Torts, Products Liability, Budnick v. Reynolds, Engle Progeny, Tobacco Litigation
The jury in Piendle v. R.J. Reynolds returned a punitive damages verdict of $180K against R.J. Reynolds, and $90K against Philip Morris. The compensatory damages award in Phase 1 was $4M. The total punitive damages award, $270K, was approximately two orders of magnitude lower than the amount the plaintiff had suggested, and lower, even, than the $900K that the defense had suggested, if the jury believed that punitive damages were warranted.
Topics: Toxic Torts, Products Liability, Engle Progeny, Tobacco Litigation, Piendle v. RJ Reynolds
