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  • Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment precluded comparative fault reduction on all claims
    Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment precluded comparative fault reduction on all claims

    On January 25, 2018, in Smith v. R. J. Reynolds Tobacco Co ., No, 13-14316, the Eleventh Circuit Court of Appeals affirmed a district court’s decision not to reduce a compensatory damage award in an ...

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  • Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims
    Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims

    On January 10, 2018, in Phillip Morris USA v. Blackwood , No. 4D16-897, the Florida Fourth DCA reversed a trial court’s ruling in an Engle progeny tobacco case denying the plaintiff’s motion to amend ...

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  • Florida Supreme Court resolves circuit conflict, rules that Florida's comparative fault statute does not apply to Engle progeny tobacco cases involving intentional torts
    Florida Supreme Court resolves circuit conflict, rules that Florida's comparative fault statute does not apply to Engle progeny tobacco cases involving intentional torts

    On December 14, 2017, in Schoeff v. R.J. Reynolds Tobacco Company , No. SC15-2233, the Florida Supreme Court resolved a circuit conflict between the First and Fourth DCAs, ruling that Florida’s ...

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  • Florida Fourth DCA rules that defendant waived right to comparative fault reduction in Engle progeny tobacco case by assuring jurors that comparative fault would not apply
    Florida Fourth DCA rules that defendant waived right to comparative fault reduction in Engle progeny tobacco case by assuring jurors that comparative fault would not apply

    On November 22, 2017, in Philip Morris v. Marchese , No. 4D16-2003, the Florida Fourth DCA reversed a trial court’s reduction of the plaintiff’s compensatory damage award to account for the ...

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  • Florida Second DCA rules in Engle progeny tobacco case that applicable punitive damages statute relates back to class certified in 1994 Engle class action complaint
    Florida Second DCA rules in Engle progeny tobacco case that applicable punitive damages statute relates back to class certified in 1994 Engle class action complaint

    On September 15, 2017, in R.J. Reynolds Tobacco Company v. Evers , No. 2D16-1603, the Florida Second DCA ruled in an Engle progeny tobacco case that that applicable punitive damages statute related ...

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  • Florida Fourth DCA rules that trial court erred in allowing treating physician to opine on plaintiff's ability to quit smoking after ruling him unqualified to opine on plaintiff's addiction
    Florida Fourth DCA rules that trial court erred in allowing treating physician to opine on plaintiff's ability to quit smoking after ruling him unqualified to opine on plaintiff's addiction

    On July 5, 2017, in Collar v. R.J. Reynolds Tobacco Company, et al , No. 4D15-3893, the Florida Fourth DCA reversed a final judgment for the defense in an Engle progeny tobacco case, concluding that ...

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