Sarah Mirando  |  September 7, 2012

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Marlboro Lights cigarettesWhen the Florida Supreme Court overturned a $145 billion class action lawsuit settlement with tobacco companies in 2006 that would have held the companies liable for misleading consumers about the dangers of low-tar cigarettes, consumers were dismayed and tobacco companies rejoiced. However, the decision by the Florida high court still allowed individual lawsuits to be filed by customers alleging they were harmed by cigarettes, possibly putting tobacco companies on the hook for millions of dollars in settlements to individual Plaintiffs.

Now, six years later, the first of thousands of individual cigarette lawsuits is being heard by the Florida Supreme Court, which may reverse the emotional outcome of the 2006 Engle class action lawsuit settlement.

The tobacco liability lawsuit was filed by James Douglas, who maintains Phillip Morris, R.J. Reynolds Tobacco Company and Liggett Group, LLC are liable for the death of his wife, Charlotte, a smoker who died of chronic obstructive pulmonary disease (COPD) and lung disease in 2008 at the age of 62.

A jury trial awarded Douglas $2.5 million in the cigarette wrongful death lawsuit based on procedures the Supreme Court established in the 2006 Engle class action lawsuit case. Even though the high court overturned the Engle tobacco settlement, it upheld the Engle jury’s findings that tobacco companies knowingly sold dangerous products and hid the hazards of smoking from the public. The court ruled that the nearly 8,000 Class Members would have to file individual lawsuits, but said Plaintiffs would not have to prove those factors again in their individual cases. They would, however, have to prove illnesses such as cancer or disease linked to cigarette smoking.

Yesterday, the tobacco companies presented arguments before the Florida Supreme Court to overturn the $2.5 million wrongful death settlement awarded to Douglas. They also presented arguments that would make it harder for thousands of sick smokers or their survivors to win tobacco settlements stemming from the Engle decision.

A lawyer for the tobacco companies said Plaintiffs should be required to prove the cigarettes that they or their deceased relatives smoked were defective and what the defects were.

The justices questioned this argument, with one asking, “Your theory then is … that someone must go back and find the ashes of the burned cigarettes to prove that burned cigarette contained a defect?”

However, they also questioned Douglas’s attorney, saying they couldn’t understand how his wife’s addition to cigarettes “necessarily shows that the cigarettes she consumed from all of the defendants were defective and unreasonably dangerous.”

His attorney responded that, “All of the cigarettes contained the same defect.”

No decision was handed down yesterday, but the outcome of the appeal will be closely watched by both sides of the long-running tobacco liability litigation.

The case is Philip Morris USA Inc., et al. v. James L. Douglas, etc., Case No. 2D10-3236, District Court of Appeals of Florida, Second District.

Several consumer class action lawsuits are still pending against Phillip Morris and other tobacco companies, with some recent rulings proving favorable for Class Members. In March 2012, a Massachusetts federal judge refused to decertify a class action lawsuit asking Phillip Morris to provide medical screening to for early signs of lung cancer. And in May 2011, a Missouri federal judge certified a Marlboro Lights class action lawsuit alleging Phillip Morris misled consumers about the amount of nicotine and tar the “light” cigarettes delivered.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


34 thoughts onFirst of Thousands of Tobacco Liability Lawsuits Heard in Florida

  1. Dianne C. Fuentes says:

    I would like to know if you think I have a case against the tobacco co, Philip Morris. I was diagnosed with atherosclerosis by Dr. James Prine in Coral Springs a few years ago. I don’t know if the atherosclerosis is causing my brain fog but I haven’t been able to hold a job. I have a very hard time concentrating. Recently, I went for a walk with my grandson and my calves hurt so badly, I had to keep stopping until the pain passed. I’m always fatigued. I’ve been smoking since 1973. I’m now 58. Please let me know if there is anything you could do to help me. Thank you.

  2. Monica Drosi says:

    Is there a class action suit currently againest the tobacco company.

    1. Bridget Bergeron says:

      My husband Stephen passed away on December 17th 2017 from a heart attack related to 40 yrs of smoking.
      I’d like to know also
      He was only 61

  3. Rona says:

    My husband, Dennis has never smoked a day in his life and always an athlete. His parents smoked all the time around him and his brothers and sisters. Also spent time in bars in the 70’s, bowling alleys, all relatives smoked in cars and houses. Has COPD now for 2+ years and is 67. Is on inhaler, CPAP, very short of breath, next to doctor cause oxygen is only 88%. I also have never smoked so he has never had smoke in our home or around our family for 47 years. Looks like we won’t have a great retirement. What has to be done to document for filing for this lawsuit?

  4. Larry Thogerson says:

    Add me to available class action

  5. Velda says:

    I would be interested in knowing if you have been included on any class action lawsuits. I, too, had parents who smoked in the home (mom til I was about 8 or 9 and dad until I was about 16). I never smoked in my life at all but I was exposed to second had smoke well into my 20s since the university allowed smoking in the building and even the classrooms. I also went to night clubs in the 70s and the smoke was thick and heavy. I never knew about second hand smoke and the hazards. I was diagnosed with asthma when I was 21 but now at 60, I have been diagnosed with stage 2 emphysema. We have been trying to find the right medication to control it. I have an enlarged heart chamber that the doctor feels is best helped by controlling the emphysema. I guess I am still in the anger phase that follows any terrible diagnosis.

  6. robert says:

    Hello my name is Robert. My father Charlie is in the hospital fighting for his life,doctors say he is in stage 4 lung cancer. He cant breath on his own so he has tubes down his throat and this machine is doing the breathing for him. The oxygen level was at 100% and has gradually been nturned down to 55% over the full 7 day week he has been here. It isn’t fair and is so heart wrenching that I have to witness my fathers pain and suffering at the hands of these big shot tobacco companies. You people that roll and sell these cigarettes to people must be so proud of all the big money you’ve raked in and bodies you’ve staked up in the process of youre success.

  7. Hector Maldonado says:

    Would like to know if there is a class action suit currently againest the tobacco company.

  8. Susan says:

    I a 55 and have stage 4 emphysema I was diagnosed 4 years ago. I struggle every day. I am on the transplant list and first looking at lung reduction. I was a Marlboro menthol light and reg lights for 35 years. I am so angry at the tobacco companies for saying lights were better wrong they were worse which gave me emphysema spread though out my lungs. I am looking currently looking to find an attorney in the state of Wisconsin.

  9. Debra neff says:

    Have been on oxygen since 2008 and all med for copd , I am very sick this past year , dr wants me to have lung transplant all this from smoking, I have tried to quite several times over the years but very addicting, I am 58 . If you can help in any way please let me know. Thank you

  10. Sherrie LaBat says:

    I started smoking at age 12 and now at age 55 I have end stage COPD. How can I get in on the law suit?

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.