The estate of a smoker filed a lawsuit against tobacco companies for her smoking-related death and the jury awarded her estate $2.5 million in damages. The Florida Supreme Court found that it was appropriate for the lower court to apply the findings from an earlier class action lawsuit (Engle v. Liggett Group, Inc.) to this case. In particular, the court found that plaintiffs do not have to reprove elements of their claim that were decided in the first phase of Engle, such as strict liability and negligence. The court ruled that applying these findings did not violate the tobacco companies’ due process rights because the companies had a full opportunity to dispute the class claims in the year-long Engle trial and because injured smokers must still prove their individual case against each tobacco company. Specifically, the court found that each plaintiff must establish (1) membership in the Engle class (i.e., they were addicted to cigarettes); (2) that addiction to smoking was a legal cause of their injuries; and (3) damages.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
The estate of a smoker filed a lawsuit against tobacco companies for her smoking-related death and the jury awarded her estate $2.5 million in damages. The Florida Supreme Court found that it was appropriate for the lower court to apply the findings from an earlier class action lawsuit (Engle v. Liggett Group, Inc.) to this case. In particular, the court found that plaintiffs do not have to reprove elements of their claim that were decided in the first phase of Engle, such as strict liability and negligence. The court ruled that applying these findings did not violate the tobacco companies’ due process rights because the companies had a full opportunity to dispute the class claims in the year-long Engle trial and because injured smokers must still prove their individual case against each tobacco company. Specifically, the court found that each plaintiff must establish (1) membership in the Engle class (i.e., they were addicted to cigarettes); (2) that addiction to smoking was a legal cause of their injuries; and (3) damages.