Xxxxxx Xxxxxx USA, Inc. [Xxxxx Progeny] Circuit Court, Hillsborough County, (Tampa, FL) $5 million in compensatory damages; 5% of fault assigned to RJR Tobacco, which reduced the award to $250,000. No punitive damages awarded. See “— Xxxxx and Xxxxx Progeny Cases” below.
Xxxxxx Xxxxxx USA, Inc. Putney 30 % — — Reversed and remanded for further proceedings; notice to invoke jurisdiction of Florida Supreme Court pending; stayed pending resolution of Xxxx v. Xxxxxx Xxxxxx USA Inc. Xxxxxxx 77.5 % 4,060,000 — Punitive damages set aside; remanded for new trial; notice to invoke jurisdiction of Florida Supreme Court pending; stayed pending resolution of Xxxx v. Xxxxxx Xxxxxx USA Inc. Xxxx 90 % — — Reversed and remanded for new trial on damages; new trial scheduled for November 3, 2014 Xxxxxx 40 % 2,000,000 — Pending – Florida Supreme Court Xxxxxxx 30 % 1,000,000 — Pending – Florida Supreme Court Xxxxxxxx 00 % 500,000 750,000 Notice to invoke jurisdiction of Florida Supreme Court pending; stayed Xxxxxxxx 27 % 16,100,000 (2) 17,250,000 Pending – Fourth DCA Xxxxx 40 % $ 730,000 $ — Notice to invoke jurisdiction of Florida Supreme Court pending; stayed pending resolution of Xxxx v. Xxxxxx Xxxxxx USA Inc. Xxxxxxx 5 % 700 — Pending – Fourth DCA Xxxxx 51 % 3,520,000 2,000,000 Notice to invoke jurisdiction of Florida Supreme Court pending; stayed pending resolution of Xxxx v. Xxxxxx Xxxxxx USA Inc. Xxxxx Xxxxx 55 % 600,000 (2) 20,000 Pending – Eleventh Circuit Schlenther 50 % 5,030,000 (2) 2,500,000 Pending – Second DCA Xxxxxxx 55 % 5,000,000 — Pending – Third DCA Xxxxxxxx 85 % 4,250,000 — Third DCA affirmed; deadline to file notice to invoke the discretionary jurisdiction of the Florida Supreme Court is October 20, 2014 Xxxxx 60 % 1,938,000 — Punitive damages reversed; pending – Second DCA Xxxxxxx 75 % 7,875,000 30,000,000 Pending – Fourth DCA Xxxxxxx 58 % 3,480,000 — Pending – Fourth DCA Xxxxxx 30 % 1,000,000 (2) 1,670,000 Pending – Eleventh Circuit Xxxxxx 72.5 % 4,277,000 — Pending – Eleventh Circuit Xxxxxx 20 % 550,000 — Pending – Eleventh Circuit Xxxxx-Xxxxxxxx 10 % 50,000 — Pending – First DCA Xxxx 50 % 100,000 — Pending – First DCA Xxxxxxxx 30 % 767,000 — Pending – Fourth DCA Xxxxxxxx 70 % 1,750,000 (2) 1,275,000 Pending – First DCA Xxxxxxxx 75 % 15,350,000 (2) 22,500,000 Pending – Fourth DCA Xxxxxx 33 % 1,914,000 — Pending – Fourth DCA Xxxxxxxx 70 % 9,000,000 1,000,000 Third DCA affirmed; payment will be made October 3, 2014 Harford 18 % 59,000 — Post-trial motions are pending(3) Xxxxxxx 50 % 1,500,000 2,000,000 Pending – Fourth DCA Xxxxxx 35 % 297,500 2,250,000 Pending – Fifth DCA Xxxxxxx 10 % 60,000 — Pending – First DCA Xxxxxx 30 % 1,500,000 — Pending – First DCA Xxxxxxxx 25 % 2,500,000 (2) 1,250,000 Post-trial motions denied; deadline to file notice...
Xxxxxx Xxxxxx USA, Inc described above .
Xxxxxx Xxxxxx USA, Inc which deals with the application of the statute of repose as an affirmative defense to claims of fraudulent concealment and conspiracy to commit fraudulent concealment.
Xxxxxx Xxxxxx USA, Inc a case filed in December 2007 in the Circuit Court, Miami-Dade County, Florida, the court declared a mistrial on May 14, 2010, due to the inability to seat a jury. The plaintiff alleged that as a result of smoking defendants’, including RJR Tobacco’s, products she developed chronic obstructive pulmonary disease. Retrial began on September 20, 2010. In October 2010, the jury returned a verdict in favor of the defendants. The plaintiff’s post-trial motions were denied and final judgment was entered in February 2011. The plaintiff has filed a notice of appeal, and the defendants have filed a cross-appeal. Briefing is underway.
Xxxxxx Xxxxxx USA, Inc the court declared a mistrial because of the inability to seat a jury.
Xxxxxx Xxxxxx USA, Inc described above. Despite the stay, the trial court determined in October 2014 that the original $25 million punitive damages award was not excessive and would be reinstated if the plaintiff prevails on the repose issue. On October 15, 2010, in Frazier v. Xxxxxx Xxxxxx USA Inc., now known as Xxxxx 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 defendants’, including RJR Tobacco’s, products she developed chronic obstructive pulmonary disease, and sought in excess of $15,000 in compensatory damages and unspecified punitive damages. Final judgment was entered in February 2011. The plaintiff filed a notice of appeal to the Third DCA, and the defendants filed a notice of cross appeal. In April 2012, the Third DCA reversed the trial court’s judgment, directed entry of judgment in the plaintiff’s favor and ordered a new trial. In July 2012, the defendants filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. The Florida Supreme Court accepted jurisdiction of the case in September 2013. Oral argument in the Florida Supreme Court occurred on April 30, 2014. A decision is pending. The new trial began on October 14, 2014; but on October 22, 2014, the court declared a mistrial because of the inability to seat a jury. Retrial is scheduled for April 6, 2015.
Xxxxxx Xxxxxx USA, Inc a case filed in December 2007 in the Circuit Court, Miami-Dade County, Florida, the court declared a mistrial on May 14, 2010, due to the inability to seat a jury. The plaintiff alleged that as a result of smoking defendants', including RJR Tobacco's, products she developed chronic obstructive pulmonary disease. Retrial began on September 20, 2010. In October 2010, the jury returned a verdict in favor of the defendants. The plaintiff’s post-trial motions were denied and final judgment was entered in February 2011. The plaintiff filed a notice of appeal to the Third DCA, and the defendants filed a cross appeal. Oral argument occurred on February 14, 2012. A decision is pending.
Xxxxxx Xxxxxx USA, Inc the jury returned a verdict in favor of the plaintiff, found the plaintiff to be 82% at fault, RJR Tobacco to be 9% at fault and the remaining defendant to be 9% at fault, and awarded $1.15 million in compensatory damages. Punitive damages were not at issue.
Xxxxxx Xxxxxx USA, Inc et al., No. 3CCV-22-0000271, that was pending in the same Circuit Court against a similar set of defendants. See Ex. C-2, Order Granting Pls’ Mot. to Consolidate for Discovery and Trial. Xxxxxxxx is contemporaneously removing that case on the same grounds set forth here.
