Florida appeals court reversed a $145 billion punitive damage award against major U.S. cigarette makers, saying the case should never have gone forward as a class-action lawsuit because each individual smoker had started smoking, and continued to smoke, for different reason.
A three-judge panel of Florida’s Third District Court of Appeal also found that the $145 billion punitive award was excessive and barred by an agreement that the State of Florida signed when it settled a lawsuit against the industry in 1997. In addition, the panel said the plaintiffs’ lawyer, Stanley Rosenblatt of Miami, used “racially charged” arguments to push a largely black jury into issuing a “runaway” award.
“The proceedings that produced the findings of entitlement and the $145 billion award is irretrievably tainted by class counsel’s misconduct, and the award is bankrupting under Florida law,” Judge David M. Gersten wrote in the panel’s opinion. “The fate of an entire industry and of close to a million Florida residents, cannot rest upon such a fundamentally unfair proceeding. Our system of justice requires more.”
The ruling was good news for the tobacco industry, which sent stock prices of all cigarette makers higher.
“This decision should prove, once and for all, that class actions are inappropriate in smoking and health cases,” Charles A. Blixt, general counsel of the R. J. Reynolds Tobacco Company, said in a statement.
Matthew L. Myers, president of the Campaign for Tobacco-Free Kids, in Washington, said the appellate ruling “in no way absolves the tobacco industry of the decades of deception and wrongdoing that led a jury to assess the largest punitive damage award in history.” He added, “It is also likely to be one step in a long appeals process.”.
(via New York Times)
{ 4 comments }
As an ex-smoker I wholeheartedly agree with the court’s decision. Wkhy can’t a juror see the part the individual played? Why bankrupt an entire nation because people don’t won’t to own up to their part in their health issues. Good job. Let’s hope the SC don’t be stupid and overturn the state’s decision.
Why do we have juries if judges will allow those jury members to sit for 2 long years and render a verdict that they can overturn? Why not just have judges? It’s amazing how little alal this time and effort meant to this panel of 3 judges.
My mother, 83 years of age, is dying a slow and miserable death due to emphasema caused by cigarette smoking. Her body and mind is so addicted to the nicotine that she can’t stop smoking even now that she has to be on oxygen almost all the time. I just finished a research paper on cigarette smoking. The cigarette companies for years have intised and frauded people into picking up the habit only to make sure that they hooked them by increasing nicotine levels even in their so called “light cigarettes”. There is not one good thing that comes from cigarettes and I am shocked that the government doesn’t shut these cunning murderess companies down once and for all. They stalk their prey and call it marketing stradegies.After my research, I no longer blame my mother for her addiction. I place the blame where it belongs; directly on the tobacco manufacturers and promoters.
Man this is confusing I need a cigarette.
Comments on this entry are closed.