Legal

State

California court says woman can’t sue Philip Morris again (CA)
The California Supreme Court has ruled that the widow of a lung cancer patient cannot pursue a wrongful death suit against Philip Morris USA after a similar earlier lawsuit was dismissed with prejudice. Richard Boeken, who had been a smoker for 40 years, successfully filed suit against Philip Morris claiming the company had caused his cancer; $80 million was awarded to his family for that case. At the same time, his wife, Judy Boeken, attempted to sue for the loss of her husband’s companionship and affection, but this case was dismissed with prejudice, meaning that it could not be re-filed. After her husband’s death, Boeken filed a wrongful death lawsuit, charging that the death caused a loss of companionship. In a 4-3 decision, the court ruled that the losses in the second case are the same as the first, making her ineligible to file it due to the original case being dismissed with prejudice. Read more here.

Altria, Reynolds, Liggett lose $20 million verdict (FL)
The family of Margot Putney has been awarded a total of $20 million in compensatory and punitive damages after a jury decided that Philip Morris, R.J. Reynolds Tobacco Co, and Liggett Group were responsible for her death. The jury awarded the family with $15 million in compensatory damages and $2.5 million in punitive damages against each Philip Morris and Reynolds. The case is one of the “Engle progeny” cases that stems from a class-action lawsuit thrown out by the Florida Supreme Court in 2006. In most of the post-Engle cases, the compensatory damages have been reduced based on the responsibility of the plaintiff; jurors have assigned 35% of responsibility to Putney, but it has yet to be decided if the award will be reduced for this case. Click here to read more about the case, Putney v. Philip Morris USA. Video of this case and others like it can be viewed here.

Reynolds told to pay $29.1 million to smoker’s widow (FL)
In a recent “Engle progeny” case from a disbanded class action lawsuit of smokers against tobacco companies, a Florida jury awarded $29.1 million to the widow of a smoker who died of chronic obstructive pulmonary disease (COPD) in 2008. The jury found cigarette maker R.J. Reynolds to be 77.5% responsible for Matthew Buonomo’s illness and death, leaving Buonomo himself 22.5% responsible. R.J. Reynolds unsuccessfully argued that Buonomo died from a condition unrelated to smoking, and that he could have quit smoking if he wanted to. Smokers and their families have won out over tobacco companies in sixteen of the nineteen Engle progeny cases that have been decided so far. Click here for more details.

State, tribe reach deal on tobacco sales (ID)
Idaho’s Attorney General and the owners of tobacco shop Lil’ Brown Smoke Shop have reached settlements in two lawsuits regarding the company’s alleged tobacco sales without the proper permits. The shop, which is run by members of the Yakama Tribe in Washington State, sued Idaho after the state cited the company for violating a law regulating the sale of tobacco through a permit process. The shop claimed to be exempted from the state’s permitting process due to federal law and tribal sovereignty. In return, the state filed a lawsuit against the company, citing its failure to register with the state and ignoring the Minors Access Act as reasons to ban the company from selling in the state. The details of the settlement have not been revealed and must be approved by a judge. Read more here.

Judge to allow smoking lawsuit against LVCVA (NV)
A district judge in Nevada has ruled that the American Cancer Society has the standing to bring a suit to trial against the Las Vegas Convention and Visitors Authority (LVCVA) over a law permitting smoking at some trade shows. The law in question was passed in 2009 as an amendment to the 2006 Nevada Indoor Clean Air Act. In its lawsuit, the American Cancer Society (ACS) claims that the smokefree law was passed by voters, and thus could not be amended until later in the year. The ACS also claims that the amendment was invalid under Nevada law because it was an addendum to an unrelated law on stalking. The LVCVA recently sought to have the suit dismissed, claiming that the ACS did not have standing, but the ACS successfully argued that it had a stake in the case because the amendment will result in increased secondhand smoke exposure, which can cause cancer. Additional hearings to examine the merits of the ACS lawsuit are forthcoming. Click here to read more.

Oregon court upholds Web cigarette sale regulation (OR)
The Oregon Court of Appeals has upheld a ruling allowing the state to regulate cigarette sales made by an American Indian reservation in a different state. Oregon requires tobacco companies that did not participate in the Master Settlement Agreement to contribute to a fund to ensure payment in any future cases won against manufacturers. The state claimed that manufacturer-owner Scott Maybee, a Seneca Nation tribe member from New York, sold cigarettes in Oregon that did not comply with this rule. The Seneca Nation argued that the tribe is only subject to federal, not state laws. The court rejected this argument, saying that the Oregon law only affected products sold in Oregon, not the business operations on the New York reservation. Read more here.

top

National

FDA denied request to remove tobacco-panel members
The Food and Drug Administration (FDA) has denied a request by Philip Morris USA to remove four members of its tobacco products advisory panel that the company claims are biased against the industry. Philip Morris says that these members have financial and other conflicts of interest that should preclude them from being on the panel, such as having served as paid experts for plaintiffs suing tobacco companies. The FDA says that the agency followed laws and procedures necessary to recruit experts to the committee, and will continue to screen panel members for conflicts of interest on specific topics under consideration. Read more here.

top

Back to Table of Contents