Xxxxxx Xxxxxx USA. Inc., a case filed in January 2008, in the Circuit Court, Miami-Dade County, Florida, a jury returned a verdict in favor of the plaintiff, found the decedent, Xxxx Xxxxxxx, to be 90% at fault, RJR Tobacco to be 5% at fault and the remaining defendant to be 5% at fault. However, the jury did not award compensatory damages and found that the plaintiff was not entitled to punitive damages. The court determined that the jury verdict was inconsistent due to the parties previously stipulating to $110,200 in medical expenses, which is subject to the allocation of fault. The defendants agreed to an additur for that amount. The plaintiff alleged that as a result of using the defendants’ products, the decedent suffered from chronic obstructive pulmonary disease. The plaintiff sought an unspecified amount of compensatory and punitive damages, costs and interest. Final judgment was entered against RJR Tobacco in the amount of $705 in October 2012. The stipulated amount was reduced by the defendants’ motion to reduce economic damages by collateral sources. The plaintiff filed a notice of appeal to the Fourth DCA, and the defendants filed a notice of cross appeal in November 2012. Briefing is complete. Oral argument has not been scheduled.
Xxxxxx Xxxxxx USA. Inc., 159 Cal. App. 4th 655 (2008). c Source: ―Jury Awards $13.8 Million in Cigarette Suit,‖ New York Times, August 24, 2009. Table 10 State Cigarette Tax Changes, 1998–2008 State State Cigarette Tax, 1998 ($ per pack) State Cigarette Tax, 2008 ($ per pack) State Tax Increase, 1998-2008 ($ per pack) Percentage Tax Increase, 1998–2008 Alabama 0.165 0.425 0.260 157.6 Alaska 1.000 2.000 1.000 100.0 Arizona 0.580 2.000 1.420 244.8 Arkansas 0.315 0.590 0.275 87.3 California 0.370 0.870 0.500 135.1 Colorado 0.200 0.840 0.640 320.0 Connecticut 0.500 2.000 1.500 300.0 Delaware 0.240 1.150 0.910 379.2 District of Columbia 0.650 1.000 0.350 53.8 Florida 0.339 0.339 0 0 Georgia 0.120 0.370 0.250 208.3 Hawaii 0.800 1.800 1.000 125.0 Idaho 0.280 0.570 0.290 103.6 Illinois 0.580 0.980 0.400 69.0 Indiana 0.155 0.995 0.840 541.9 Iowa 0.360 1.360 1.000 277.8 Kansas 0.240 0.790 0.550 229.2 Kentucky 0.030 0.300 0.270 900.0 Louisiana 0.200 0.360 0.160 80.0 Maine 0.740 2.000 1.260 170.3 Maryland 0.360 2.000 1.640 455.6 Massachusetts 0.760 1.510 0.750 98.7 Michigan 0.750 2.000 1.250 166.7 Minnesota 0.480 1.493 1.013 211.0 Mississippi 0.180 0.180 0 0 Missouri 0.170 0.170 0 0 Montana 0.180 1.700 1.520 844.4 Nebraska 0.340 0.640 0.300 88.2 Nevada 0.350 0.800 0.450 128.6 New Hampshire 0.370 1.080 0.710 191.9 New Jersey 0.800 2.575 1.775 221.9 New Mexico 0.210 0.910 0.700 333.3 New York 0.560 2.750 2.190 391.1 North Carolina 0.050 0.350 0.300 600.0 North Dakota 0.440 0.440 0 0 Ohio 0.240 1.250 1.010 420.8 Oklahoma 0.230 1.030 0.800 347.8 Oregon 0.680 1.180 0.500 73.5 Pennsylvania 0.310 1.350 1.040 335.5 Rhode Island 0.710 2.460 1.750 246.5 South Carolina 0.070 0.070 0 0 South Dakota 0.330 1.530 1.200 363.6 Tennessee 0.130 0.620 0.490 376.9 Texas 0.410 1.410 1.000 243.9 Utah 0.515 0.695 0.180 35.0 Vermont 0.440 1.790 1.350 306.8 Virginia 0.025 0.300 0.275 1100.0 Washington 0.825 2.025 1.200 145.5 West Virginia 0.170 0.550 0.380 223.5 Wisconsin 0.590 1.770 1.180 200.0 Wyoming 0.120 0.600 0.480 400.0
Xxxxxx Xxxxxx USA. Inc., a case filed in January 2008, in the Circuit Court, Brevard County, Florida, the court declared a mistrial because of improper testimony by the plaintiff’s addiction witness. The plaintiff alleged that as a result of using the defendant’s products, the decedent, Xxx Xxxxx, suffered from one or more smoking-related diseases and/or conditions. The plaintiff sought an unspecified amount of damages, costs and interest. Retrial has not been scheduled.
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 5% at fault and the remaining defendants to be 45% at fault, and awarded $5 million in compensatory 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 RJR Tobacco in the amount of $250,000. RJR Tobacco filed a notice of appeal to the Second DCA, and posted a supersedeas bond in the amount of $250,000. On March 30, 2012, the Second DCA affirmed the trial court’s decision. However, the court agreed that the issue of due process is one that will be applicable to the many Xxxxx Progeny cases being considered by the trial courts and certified the question regarding the due process issue to the Florida Supreme Court as being one of great importance. RJR Tobacco filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. The Florida Supreme Court accepted jurisdiction in May 2012. Oral argument occurred on September 6, 2012. A decision is pending.
Xxxxxx Xxxxxx USA. Inc., 60CV03-4661 (Ark. Cir. Ct.). A large asbestos bar date notice effort, which included individual notice, national consumer publications, hundreds of local and national newspapers, Spanish newspapers, union labor publications, and digital media to reach the target audience. In re: Energy Future Holdings Corp., et al., 14-10979 (Bankr. D. Del.). Overdraft fee class actions have been brought against nearly every major U.S. commercial bank. For related settlements from 2010-2020, Hilsoft has developed programs that integrate individual notice, and in some cases paid media efforts. Fifth Third Bank, National City Bank, Bank of Oklahoma, Xxxxxxx Bank, Xxxxxx Bank, M& I Bank, PNC Bank, Compass Bank, Commerce Bank, Citizens Bank, Great Western Bank, TD Bank, BancorpSouth, Comerica Bank, Susquehanna Bank, Associated Bank, Capital One, M&T Bank, Iberiabank and Synovus are among the more than 20 banks that have retained Epiq (Hilsoft). In re: Checking Account Overdraft Litigation, MDL No. 2036 (S.D. Fla.).
Xxxxxx Xxxxxx USA. Inc., No. 9884CV06002, Dkt. No. 230 (Mass. Super. Ct. Sept. 30, 2016): 3 Unless otherwise indicated, citations are omitted and emphasis is added. The Court finds that the plan of Notice as described in paragraphs 12 through 20 of the Settlement Agreement, including the use of email, mail, publication and internet notice, constituted the best notice practicable under the circumstances and constituted due and sufficient notice to the Class.
Xxxxxx Xxxxxx USA. Inc., 159 Cal. App. 4th 655 (2008). cSource: “Jury Awards $13.8 Million in Cigarette Suit,” New York Times, August 24, 2009.
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 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 5% at fault and the remaining defendants to be 45% at fault, and awarded $5 million in compensatory 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 RJR Tobacco in the amount of $250,000. RJR Tobacco filed a notice of appeal to the Second District Court of Appeal, referred to as the Second DCA, and posted a supersedeas bond in the amount of $250,000. Oral argument occurred on October 4, 2011. A decision is pending.
Xxxxxx Xxxxxx USA. Inc ., discussed below, was denied. In June 2012, the Fourth DCA entered an opinion that affirmed the trial court’s judgment on liability, but remanded the case for a new trial on all damages issues. In Xxxxxxx 0000, XXX Xxxxxxx filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. A decision is pending. Retrial has been scheduled for July 11, 2013.
