Common use of Xxxxxxxx Tobacco Co Clause in Contracts

Xxxxxxxx Tobacco Co. a case filed in September 2007, in the Circuit Court, Xxxxx County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 45% at fault, the decedent, Xxxxxxxx Xxxxx, to be 40% at fault and the remaining defendant to be 15% at fault, and awarded $6 million in compensatory damages and $17 million in punitive damages against each defendant. The plaintiff alleged that as a result of smoking the defendants’ products, the decedent developed chronic obstructive pulmonary disease, and sought in excess of $15,000 in compensatory damages. Final judgment was entered against RJR Tobacco in the amount of $19.7 million in May 2011. In October 2011, the trial court entered a remittitur of the punitive damages to $8.1 million and denied all other post-trial motions. The defendants filed a joint notice of appeal, RJR Tobacco posted a supersedeas bond in the amount of $3.75 million, and the plaintiff filed a notice of cross appeal in November 2011. In May 2013, the First DCA reversed the trial court’s judgment and remanded the case for a new trial. As a result, RJR Tobacco’s bond was returned. In August 2013, the plaintiff filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. In February 2014, the Florida Supreme Court declined to accept jurisdiction. The new trial began on November 1, 2014, and on November 26, 2014, the jury returned a verdict in favor of the plaintiff, found the decedent to be 70% at fault, RJR Tobacco to be 24% at fault and the remaining defendant to be 6% at fault, and awarded $3.1 million in compensatory damages and $7.76 million in punitive damages against each defendant.

Xxxxxxxx Tobacco Co. a case filed in September 2007, December 2007 in the Circuit Court, Xxxxx Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 30% at fault and the remaining defendants to be 35% at fault, and awarded $15.1 million in compensatory damages and $2.5 million in punitive damages each against RJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of using the defendants’ products. In August 2010, final judgment was entered against RJR Tobacco in the amount of $4.5 million in compensatory damages, and $2.5 million in punitive damages. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In December 2010, the court entered an amended final judgment to provide that interest would run from April 26, 2010. The defendants filed a joint notice of appeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $2.4 million. In June 2013, the Fourth DCA held that the court erred in denying the defendants’ motion for remittitur of the compensatory damages for loss of consortium and in striking the defendants’ statute of repose affirmative defenses. As a result, the verdict was reversed, and the case was remanded for further proceedings. The plaintiff’s motion for rehearing, written opinion on one issue, or certification of conflict to the Florida Supreme Court was denied in August 2013. The defendants and the plaintiff filed separate notices to invoke the discretionary jurisdiction of the Florida Supreme Court. Decisions are pending. On May 20, 2010, in Xxxxxxx v. X. X. Xxxxxxxx Tobacco Co., a case filed in October 2007 in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 45% at fault, the decedent, Xxxxxxxx Xxxxx, to be 4077.5% at fault and the remaining defendant decedent, Xxxxxxx Xxxxxxx, to be 1522.5% at fault, and awarded $6 5.2 million in compensatory damages and $17 25 million in punitive damages. The plaintiff alleged that the decedent was addicted to cigarettes and, as a result, developed one or more smoking related medical conditions and/or diseases. Post-trial motions were denied, but the court, in accordance with the Florida statutory limitation on punitive damage awards, ordered the punitive damage award of $25 million be reduced to $15.7 million – three times the compensatory damages against each defendantaward of $5.2 million. In August 2010, the court entered final judgment in the amount of $4.06 million in compensatory damages and $15.7 million in punitive damages. RJR Tobacco filed a notice of appeal to the Fourth DCA and posted a supersedeas bond in the amount of $5 million. The plaintiff also filed a notice of appeal. In September 2013, the Fourth DCA affirmed the final judgment and damages award to the plaintiff on strict liability and negligence. However, the court reversed the judgment entered for the plaintiff on the claims for fraudulent concealment and conspiracy to commit fraud by concealment due to the erroneous striking of RJR Tobacco’s statute of repose defense. As a result, the punitive damages award was set aside and remanded for a new trial. On October 15, 2010, in Frazier v. Xxxxxx Xxxxxx USA Inc., a case filed in December 2007 in the Circuit Court, Miami-Dade County, Florida, the jury returned a verdict in favor of the defendants. The plaintiff alleged that as a result of smoking the defendants’ products’, the decedent including RJR Tobacco’s, products she developed chronic obstructive pulmonary disease, and sought in excess of $15,000 in compensatory damages. Final judgment was entered against RJR Tobacco in the amount of $19.7 million in May February 2011. In October 2011, the trial court entered a remittitur of the punitive damages to $8.1 million and denied all other post-trial motions. The defendants filed a joint notice of appeal, RJR Tobacco posted a supersedeas bond in the amount of $3.75 million, and the plaintiff filed a notice of appeal to the Third DCA, and the defendants filed a cross appeal in November 2011appeal. In May 2013On April 11, 2012, the First Third DCA reversed the trial court’s judgment, directed entry of judgment in the plaintiff’s favor and remanded the case for ordered a new trial. As a result, RJR Tobacco’s bond was returned. In August 2013July 2012, the plaintiff defendants filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. In February 2014, the The Florida Supreme Court declined accepted jurisdiction of the case in September 2013. Briefing is underway. On October 29, 2010, in Xxxxxxx v. Xxxxxx Xxxxxx USA Inc., a case filed in December 2007, in the Circuit Court, Volusia County, Florida against tobacco industry defendants, including RJR Tobacco, the court declared a mistrial after the jury informed the court that they were unable to accept jurisdictionreach a verdict. The new trial plaintiff alleged that as a result of the use of the defendants’ defective and unreasonably dangerous tobacco products, she suffers from, or has suffered from, nicotine addiction, lung cancer and other smoking related medical conditions and/or diseases. Retrial began on November 1March 21, 20142011, and on November 26March 31, 20142011, the jury returned a verdict in favor of an inconsistent verdict. The jury found that RJR Tobacco was not liable for the plaintiff’s injuries, but found that her past injuries were worth $1 million with the decedent to be plaintiff being 70% at fault, RJR Tobacco to be 24% at fault and the remaining defendant to be 6RJR Tobacco 30% at fault. The court entered final judgment in August 2011. RJR Tobacco filed a notice of appeal to the Fifth DCA and posted a supersedeas bond in the amount of $300,000. In September 2012, and awarded $3.1 million the Fifth DCA affirmed the trial court’s judgment, per curiam. RJR Tobacco’s motion for a written opinion was granted in compensatory damages and $7.76 million in punitive damages against each defendantOctober 2012. In November 0000, XXX Xxxxxxx filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. A decision is pending.

Xxxxxxxx Tobacco Co. a case filed in September 2007, December 2007 in the Circuit Court, Xxxxx Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 45% at fault, the decedent, Xxxxxxxx Xxxxx, to be 4030% at fault and the remaining defendant defendants to be 1535% at fault, and awarded $6 15.1 million in compensatory damages and $17 2.5 million in punitive damages each against each defendantRJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of smoking using the defendants’ products, the decedent developed chronic obstructive pulmonary disease, products and sought in excess an unspecified amount of $15,000 in compensatory and punitive damages. Final In August 2010, final judgment was entered against RJR Tobacco in the amount of $19.7 4.5 million in May 2011compensatory damages, and $2.5 million in punitive damages. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In October 2011December 2010, the trial court entered a remittitur of the punitive damages an amended final judgment to $8.1 million and denied all other post-trial motionsprovide that interest would run from April 26, 2010. The defendants filed a joint notice of appealappeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $3.75 2.4 million, and the plaintiff filed a notice of cross appeal in November 2011. In May June 2013, the First Fourth DCA reversed held that the trial court’s judgment court erred in denying the defendants’ motion for remittitur of the compensatory damages for loss of consortium and remanded in striking the case for a new trialdefendants’ statute of repose affirmative defenses. As a result, RJR Tobaccothe verdict was reversed, and the case was remanded for further proceedings. The plaintiff’s bond motion for rehearing, written opinion on one issue, or certification of conflict to the Florida Supreme Court was returned. In denied in August 2013, . The defendants and the plaintiff filed a notice separate notices to invoke the discretionary jurisdiction of the Florida Supreme CourtCourt in September 2013. In February 2014December 2013, the Florida Supreme Court declined to accept jurisdiction. The new trial began on November 1, 2014, and on November 26, 2014, consolidated the jury returned a verdict in favor of petitions for review filed by the plaintiff, found the decedent to be 70% at fault, RJR Tobacco to be 24% at fault plaintiff and the remaining defendant to be 6% at fault, defendants and awarded $3.1 million in compensatory damages and $7.76 million in punitive damages against each defendant.stayed the petitions pending disposition of Xxxx v.

Xxxxxxxx Tobacco Co. a case filed in September March 2007, in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff. The plaintiff alleged that the decedent, Xxxxx Xxxxx, developed smoking related diseases, which resulted in his death. The plaintiff sought compensatory damages and an unspecified amount of punitive damages. The jury later returned a verdict that the decedent was 50% at fault for his injuries and awarded compensatory damages of $1.2 million. No punitive damages were awarded. In Xxxx 0000, XXX Xxxxxxx’s post-trial motions were denied, and the court entered final judgment in the amount of $600,000. RJR Tobacco filed a notice of appeal to the Fourth District Court of Appeal and posted a supersedeas bond in the amount of approximately $700,000 in July 2009. Oral argument occurred on February 3, 2011. A decision is pending. On May 29, 2009, in Xxxxxx x. X. X. Xxxxxxxx Tobacco Co., a case filed in October 2007 in the Circuit Court, Escambia County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 45% at fault, the decedent, Xxxxxxxx Xxxxx, to be 4066% at fault and for the remaining defendant to be 15% at faultdecedent’s injuries, and awarded $6 5 million in compensatory damages and $17 million in punitive damages against each defendantdamages. The plaintiff alleged that as a result of smoking Xxxxx Xxxxxx’x use of the defendants’ defendant’s tobacco products, he developed lung cancer and other medical conditions and died. The plaintiff, Xxxxxxxx Xxxxxx, sought an unspecified amount of compensatory and punitive damages. On June 1, 2009, the decedent developed chronic obstructive pulmonary diseasejury returned a punitive damages award of $25 million. In September 2009, the court entered final judgment, awarding the plaintiff the sum of $3.3 million in compensatory damages and $25 million in punitive damages, and sought in excess of $15,000 in compensatory damages. Final judgment was entered against RJR Tobacco in filed a notice of appeal to the amount First District Court of $19.7 million in May 2011Appeal. In October 2011Xxxxxxx 0000, the trial court entered a remittitur of the punitive damages to $8.1 million and denied all other post-trial motions. The defendants filed a joint notice of appeal, RJR Tobacco XXX Xxxxxxx posted a supersedeas bond in the amount of approximately $3.75 5 million, and the plaintiff filed a notice of cross appeal of the final judgment. The First District Court of Appeal affirmed the final judgment in November 2011December 2010. In May 2013, the First DCA reversed the trial court’s judgment and remanded the case for a new trial. As a result, RJR Tobacco’s bond was returned. In August 2013, the plaintiff filed a notice to invoke the discretionary jurisdiction of Tobacco asked the Florida Supreme CourtCourt to accept jurisdiction and review the decision of the First District. In February 2014On July 19, 2011, the Florida Supreme Court declined denied RJR Tobacco’s request to accept jurisdictionreview the decision. The new trial began on November 1, 2014, and on November 26, 2014, the jury returned a verdict in favor of the plaintiff, found the decedent to be 70% at fault, RJR Tobacco has 90 days to be 24% at fault and file a writ of certiorari with the remaining defendant to be 6% at fault, and awarded $3.1 million in compensatory damages and $7.76 million in punitive damages against each defendantU.S. Supreme Court.

Xxxxxxxx Tobacco Co. a case filed in September 2007, December 2007 in the Circuit Court, Xxxxx Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 45% at fault, the decedent, Xxxxxxxx Xxxxx, to be 4030% at fault and the remaining defendant defendants to be 1535% at fault, and awarded $6 15.1 million in compensatory damages and $17 2.5 million in punitive damages each against each defendantRJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of smoking using the defendants’ products, the decedent developed chronic obstructive pulmonary disease, products and sought in excess an unspecified amount of $15,000 in compensatory and punitive damages. Final In August 2010, final judgment was entered against RJR Tobacco in the amount of $19.7 4.5 million in May 2011compensatory damages, and $2.5 million in punitive damages. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In October 2011December 2010, the trial court entered a remittitur of the punitive damages an amended final judgment to $8.1 million and denied all other post-trial motionsprovide that interest would run from April 26, 2010. The defendants filed a joint notice of appealappeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $3.75 2.4 million, and the plaintiff filed a notice of cross appeal in November 2011. In May June 2013, the First Fourth DCA reversed held that the trial court’s judgment court erred in denying the defendants’ motion for remittitur of the compensatory damages for loss of consortium and remanded in striking the case for a new trialdefendants’ statute of repose affirmative defenses. As a result, RJR Tobaccothe verdict was reversed, and the case was remanded for further proceedings. The plaintiff’s bond motion for rehearing, written opinion on one issue, or certification of conflict to the Florida Supreme Court was returned. In denied in August 2013, . The defendants and the plaintiff filed a notice separate notices to invoke the discretionary jurisdiction of the Florida Supreme CourtCourt in September 2013. In February 2014December 2013, the Florida Supreme Court declined to accept jurisdiction. The new trial began on November 1, 2014, and on November 26, 2014, consolidated the jury returned a verdict in favor of petitions for review filed by the plaintiff, found the decedent to be 70% at fault, RJR Tobacco to be 24% at fault plaintiff and the remaining defendant to be 6% at faultdefendants and stayed the petitions pending disposition of Xxxx v. Xxxxxx Xxxxxx USA Inc., and awarded $3.1 million in compensatory damages and $7.76 million in punitive damages against each defendantdescribed above.

Xxxxxxxx Tobacco Co. a case filed in September 2007, December 2007 in the Circuit Court, Xxxxx Broward County, Florida, the court declared a jury returned mistrial due to the jury’s inability to reach a verdict in favor of the plaintiff, found RJR Tobacco to be 45% at fault, the decedent, Xxxxxxxx Xxxxx, to be 40% at fault and the remaining defendant to be 15% at fault, and awarded $6 million in compensatory damages and $17 million in punitive damages against each defendantdecision. The plaintiff alleged that as a result of smoking the defendants’ productsdecedent, the decedent Xxxxx Xxxxxxxx’x, addiction to cigarettes, she developed chronic obstructive pulmonary disease, lung cancer and died. The plaintiff sought damages in excess of $15,000 and all taxable costs and interest. Retrial began in compensatory damagesMarch 2010. Final judgment was entered against RJR Tobacco in the amount of $19.7 million in May 2011. In October 2011On April 21, the trial court entered a remittitur of the punitive damages to $8.1 million and denied all other post-trial motions. The defendants filed a joint notice of appeal, RJR Tobacco posted a supersedeas bond in the amount of $3.75 million, and the plaintiff filed a notice of cross appeal in November 2011. In May 2013, the First DCA reversed the trial court’s judgment and remanded the case for a new trial. As a result, RJR Tobacco’s bond was returned. In August 2013, the plaintiff filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. In February 2014, the Florida Supreme Court declined to accept jurisdiction. The new trial began on November 1, 2014, and on November 26, 20142010, the jury returned a verdict in favor of the plaintiffplaintiff in Phase I, finding that the decedent was addicted to cigarettes containing nicotine and the addiction was the legal cause of her death by lung cancer. On April 29, 2010, the jury awarded $1.9 million in compensatory damages and no punitive damages. The jury also found RJR Tobacco to be 25% at fault, the decedent to be 70% at fault and the decedent’s spouse to be 5% at fault. Final judgment was entered in June 2010, in the amount of $483,682. RJR Tobacco filed a notice of appeal and posted a supersedeas bond in the amount of approximately $484,000 in July 2010. The plaintiff filed a notice of cross appeal. Briefing is underway. On March 10, 2010, in Xxxxxxx x. Xxxxxx Xxxxxx USA, Inc., a case filed in October 2007 in Circuit Court, Hillsborough County, Florida, a jury returned a verdict for the plaintiff, found the decedent, Charlotte Xxxxxxx, to be 50% at fault, RJR Tobacco to be 245% at fault and the remaining defendant defendants to be 645% at fault, and awarded $3.1 5 million in compensatory damages and $7.76 million in damages. No punitive damages were awarded. The plaintiff alleged that as a result of the decedent’s addiction to smoking the defendants’ cigarettes, she suffered bodily injury and died. In March 2010, the court entered final judgment against each defendantRJR Tobacco in the amount of $250,000. RJR Tobacco filed a notice of appeal to the Second District Court of Appeal and posted a supersedeas bond in the amount of $250,000. Briefing is underway.

Xxxxxxxx Tobacco Co. a case filed in September 2007, December 2007 in the Circuit Court, Xxxxx Broward County, Florida, a jury returned a verdict in favor of the plaintiff, finding the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 30% at fault and the remaining defendants to be 35% at fault, and awarded $15.1 million in compensatory damages and $2.5 million in punitive damages each against RJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of using the defendants’ products. In August 2010, final judgment was entered against RJR Tobacco in the amount of $4.5 million in compensatory damages, and $2.5 million in punitive damages. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In December 2010, the court entered an amended final judgment to provide that interest would run from April 26, 2010. The defendants filed a joint notice of appeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $2.4 million. Oral argument occurred on September 27, 2012. A decision is pending. On May 20, 2010, in Xxxxxxx v. X. X. Xxxxxxxx Tobacco Co ., a case filed in October 2007 in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 45% at fault, the decedent, Xxxxxxxx Xxxxx, to be 4077.5% at fault and the remaining defendant decedent, Xxxxxxx Xxxxxxx, to be 1522.5% at fault, and awarded $6 5.2 million in compensatory damages and $17 25 million in punitive damages against each defendantdamages. The plaintiff alleged that the decedent was addicted to cigarettes and as a result developed one or more smoking related medical conditions and/or diseases. Post-trial motions were denied, but the court, in accordance with the Florida statutory limitation on punitive damage awards, ordered the punitive damage award of smoking $25 million be reduced to $15.7 million – three times the defendants’ productscompensatory damages award of $5.2 million. In August 2010, the decedent developed chronic obstructive pulmonary disease, and sought in excess of $15,000 in compensatory damages. Final court entered final judgment was entered against RJR Tobacco in the amount of $19.7 4.06 million in May 2011compensatory damages and $15.7 million in punitive damages. In October 2011, the trial court entered a remittitur of the punitive damages to $8.1 million and denied all other post-trial motions. The defendants RJR Tobacco filed a joint notice of appeal, RJR Tobacco appeal to the Fourth DCA and posted a supersedeas bond in the amount of $3.75 5 million, and the . The plaintiff also filed a notice of cross appeal in November 2011appeal. In May 2013, the First DCA reversed the trial court’s judgment and remanded the case for a new trialBriefing is complete. As a result, RJR Tobacco’s bond was returned. In August 2013, the plaintiff filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. In February 2014, the Florida Supreme Court declined to accept jurisdiction. The new trial began on November 1, 2014, and on November 26, 2014, the jury returned a verdict in favor of the plaintiff, found the decedent to be 70% at fault, RJR Tobacco to be 24% at fault and the remaining defendant to be 6% at fault, and awarded $3.1 million in compensatory damages and $7.76 million in punitive damages against each defendantOral argument has not been scheduled.