Xxxxxxxx Tobacco Co. the jury returned a verdict in favor of RJR Tobacco. In the second quarter of 2011, a verdict was entered in a health-care cost recovery case. In April 2011, in City of St. Xxxxx x. American Tobacco Co., Inc., the jury returned a verdict in favor of all defendants. For a detailed description of the case, see “— Health-Care Cost Recovery Cases – Hospital Cases” below. The following chart reflects the verdicts in the smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of June 30, 2011, in which verdicts have been returned in favor of the plaintiffs and against RJR Tobacco or B&W, or both. Date of Verdict Case Name/Type Jurisdiction Verdict Cross-Reference to Post-Trial Status December 18, 2003 Xxxxxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Supreme Court, Kings County (Brooklyn, NY) $350,000 in compensatory damages; 50% fault assigned to B&W; $20 million in punitive damages, of which $6 million was assigned to B&W, and $2 million to a predecessor company. See “— Individual Smoking and Health Cases” below. February 2, 2005 Xxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Circuit Court, Xxxxxxx County (Independence, MO) $2 million in compensatory damages, which was reduced to $500,000 because of jury’s findings that the plaintiff was 75% at fault; $20 million in punitive damages. See “— Individual Smoking and Health Cases” below. August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department of Justice appropriate costs associated with the lawsuit, and to maintain document web sites. See “— Health-Care Cost Recovery Cases – Department of Justice Case” below.
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Xxxxxxxx Tobacco Co. the jury returned a verdict in favor of RJR Tobacco. In the second quarter of 2011, a verdict was entered in a health-care cost recovery case. In April 2011, in City of St. Xxxxx x. American Tobacco Co., Inc., the jury returned a verdict in favor of all defendants. For a detailed description of the caseabove-described cases, see “— Health-Care Cost Recovery Cases – Hospital Xxxxx and Xxxxx Progeny Cases” below. As of September 17 2014, no non-Xxxxx Progeny individual smoking and health cases in which RJR Tobacco was a defendant had been tried in the third quarter. The following chart reflects the verdicts in the smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of June 30September 17, 20112014, in which verdicts have been returned in favor of the plaintiffs and against RJR Tobacco or B&W, or both. For information on the verdicts in the Xxxxx Progeny cases that have been tried and remain pending as of September 17, 2014, in which verdicts have been returned against RJR Tobacco or B&W, or both, see the Xxxxx Progeny cases chart above. For information on the post-trial status of individual smoking and health cases and the governmental health-care cost recovery case, see “— Individual Smoking and Health Cases,” and “—Health-Care Cost Recovery Cases – U.S. Department of Justice Case,” respectively, below: Date of Verdict Case Name/Type Jurisdiction Verdict Cross-Reference to Post-Trial Status December 18, 2003 Xxxxxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Supreme Court, Kings County (Brooklyn, NY) $350,000 in compensatory damages; 50% fault assigned to B&W; $20 million in punitive damages, of which $6 million was assigned to B&W, and $2 million to a predecessor company. See “— Individual Smoking and Health Cases” below. February 2, 2005 Xxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Circuit Court, Xxxxxxx County (Independence, MO) $2 million in compensatory damages, which was reduced to $500,000 because of jury’s findings that the plaintiff was 75% at fault; $20 million in punitive damages. See “— Individual Smoking and Health Cases” below. August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department of Justice appropriate costs associated with the lawsuit, and to maintain document web sites. See “— Health-Care Cost Recovery Cases – Department of Justice Case” below.
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Xxxxxxxx Tobacco Co. a case filed in December 1999 in the jury returned U.S. District Court for the District of Connecticut. The plaintiff sought to recover damages for personal injuries that the plaintiff alleges she sustained as a verdict in favor result of RJR Tobacco. In the second quarter unsafe and unreasonably dangerous cigarette products and for economic losses she sustained as a result of 2011, a verdict was entered in a health-care cost recovery case. In April 2011, in City of St. Xxxxx x. American Tobacco Co., Inc., the jury returned a verdict in favor of all defendants. For a detailed description unfair trade practices of the case, see “— Health-Care Cost Recovery Cases – Hospital Cases” belowdefendant. The following chart reflects the verdicts in the smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of June 30, 2011, in which verdicts have been returned in favor of the plaintiffs and against jury found RJR Tobacco or B&Wto be 58% at fault and the plaintiff to be 42% at fault, or both. Date of Verdict Case Name/Type Jurisdiction Verdict Cross-Reference to Post-Trial Status December 18, 2003 Xxxxxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Supreme Court, Kings County (Brooklyn, NY) awarded $350,000 in compensatory damages; 50% fault assigned to B&W; $20 million in punitive damages, of which $6 million was assigned to B&W, and $2 million to a predecessor company. See “— Individual Smoking and Health Cases” below. February 2, 2005 Xxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Circuit Court, Xxxxxxx County (Independence, MO) $2 13.9 million in compensatory damages, which was reduced to $500,000 because of jury’s findings that damages and found the plaintiff was 75% at fault; to be entitled to punitive damages. In December 2010, the court awarded the plaintiff $20 3.97 million in punitive damages. See “— Individual Smoking Final judgment was entered in December 2010, in the amount of $11.95 million. The court granted the plaintiff’s motion for offer of judgment interest, and Health Cases” belowawarded the plaintiff $15.8 million for the period of December 6, 1999 up to and including December 5, 2010, and approximately $4,000 per day thereafter until an amended judgment was entered. August 17The amended judgment was entered in the amount of approximately $28.1 million in Xxxxx 0000. XXX Xxxxxxx filed a notice of appeal in September 2011, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USAand the plaintiff thereafter cross appealed with respect to the punitive damages award. In September 2013, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department Court of Justice appropriate costs associated Appeals for the Second Circuit issued an opinion that certified the following question to the Connecticut Supreme Court: “Does Comment i to section 402A of the Restatement (Second) of Torts preclude a suit premised on strict products liability against a cigarette manufacturer based on evidence that the defendant purposefully manufactured cigarettes to increase daily consumption without regard to the resultant increase in exposure to carcinogens, but in the absence of evidence of any adulteration or contamination?” Subsequently, the plaintiff submitted a motion to the U.S. Court of Appeals for the Second Circuit to amend the certification order to add a second question to the Connecticut Supreme Court: “Does Comment i to section 402A of the Restatement (Second) of Torts preclude a claim under the [Connecticut Products Liability Act] against a cigarette manufacturer for negligence (in the design of its cigarette products)?” The Second Circuit denied the plaintiff’s motion. The Connecticut Supreme Court accepted the certified question and denied the plaintiff’s request to amend the question with the lawsuitsame additional question that the plaintiff proposed to the Second Circuit. The plaintiff submitted her brief on July 00, 0000. XXX Xxxxxxx’s brief is due on October 2, 2014. The Second Circuit has retained jurisdiction over the parties’ appeals and to maintain document web sites. See “— Health-Care Cost Recovery Cases – Department of Justice Case” belowwill decide the case after the Connecticut Supreme Court has completed its proceedings.
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Xxxxxxxx Tobacco Co. the jury returned a verdict in favor of RJR Tobacco. In the second quarter of 2011, a verdict was entered in a health-care cost recovery case. In April 2011, in City of St. Xxxxx x. American Tobacco Co., Inc.retrial, the jury returned a verdict in favor of all defendantsthe 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 approximately $7.76 million in punitive damages against each defendant. For a detailed description of the caseabove-described cases, see “— Health-Care Cost Recovery Cases – Hospital Xxxxx and Xxxxx Progeny Cases” below. During the fourth quarter of 2014, through December 12, 2014, no non-Xxxxx Progeny individual smoking and health cases in which RJR Tobacco was a defendant were tried. The following chart reflects the verdicts in the non-Xxxxx Progeny smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of June 30December 12, 20112014, in which verdicts have been returned in favor of the plaintiffs and against RJR Tobacco or B&W, or both. For information on the verdicts in the Xxxxx Progeny cases that have been tried and remain pending as of December 12, 2014, in which verdicts have been returned against RJR Tobacco or B&W, or both, see the Xxxxx Progeny cases chart above. For information on the post-trial status of individual smoking and health cases and the governmental health-care cost recovery case, see “— Individual Smoking and Health Cases,” and “—Health-Care Cost Recovery Cases – U.S. Department of Justice Case,” respectively, below: Date of Verdict Case Name/Type Jurisdiction Verdict Cross-Reference to Post-Trial Status December 18, 2003 Xxxxxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Supreme Court, Kings County (Brooklyn, NY) $350,000 in compensatory damages; 50% fault assigned to B&W; $20 million in punitive damages, of which $6 million was assigned to B&W, and $2 million to a predecessor company. See “— Individual Smoking and Health Cases” below. February 2, 2005 Xxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Circuit Court, Xxxxxxx County (Independence, MO) $2 million in compensatory damages, which was reduced to $500,000 because of jury’s findings that the plaintiff was 75% at fault; $20 million in punitive damages. See “— Individual Smoking and Health Cases” below. August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department of Justice appropriate costs associated with the lawsuit, and to maintain document web sites. See “— Health-Care Cost Recovery Cases – Department of Justice Case” below.
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Xxxxxxxx Tobacco Co. the court declared a mistrial after the jury returned informed the court that they were unable to reach a verdict in favor of RJR Tobacco. In the second quarter of 2011, a verdict was entered in a health-care cost recovery case. In April 2011, in City of St. Xxxxx x. American Tobacco Co., Inc., the jury returned a verdict in favor of all defendantsverdict. For a detailed description of the caseabove-described cases, see “— Health-Care Cost Recovery Cases – Hospital Xxxxx and Xxxxx Progeny Cases” below. In the fourth quarter of 2011, no non-Xxxxx Progeny individual smoking and health cases in which RJR Tobacco was a defendant were tried. The following chart reflects the verdicts in the smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of June 30December 31, 2011, in which verdicts have been returned in favor of the plaintiffs and against RJR Tobacco or B&W, or both. Date of Verdict Case Name/Type Jurisdiction Verdict Cross-Reference to Post-Trial Status December 18, 2003 Xxxxxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Supreme Court, Kings County (Brooklyn, NY) $350,000 in compensatory damages; 50% fault assigned to B&W; $20 million in punitive damages, of which $6 million was assigned to B&W, and $2 million to a predecessor company. See “— Individual Smoking and Health Cases” below. February 2, 2005 Xxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Circuit Court, Xxxxxxx County (Independence, MO) $2 million in compensatory damages; 25% of fault assigned to B&W, which was reduced the award to $500,000 because of jury’s findings that the plaintiff was 75% at fault500,000; $20 million in punitive damages. In August 2009, a new trial on punitive damages was conducted and the jury awarded $1.5 million. See “— Individual Smoking and Health Cases” below. August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department of Justice appropriate costs associated with the lawsuit, and to maintain document web sites. See “— Health-Care Cost Recovery Cases – Department of Justice Case” below.
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