Tobacco Trial Moves To Punitive Damages Phase

Jan. 13, 2005
In little over four weeks, the next phase of Florida's class-action lawsuit against five tobacco companies begins. That's when the six-person jury will hear evidence to decide the extent of punitive damages to be awarded to the 500,000 Florida smokers ...

In little over four weeks, the next phase of Florida's class-action lawsuit against five tobacco companies begins. That's when the six-person jury will hear evidence to decide the extent of punitive damages to be awarded to the 500,000 Florida smokers the class-action lawsuit represents. There has been speculation that punitive damages against the Liggett Group Inc., Lorillard Tobacco Co., Brown & Williamson Tobacco Corp., Philip Morris Inc., and R.J. Reynolds Tobacco Co. could approach $300 billion. But it's more likely that punitive damages will be set in the tens of billions instead because Florida state law prohibits punitive damages from putting a company out of business. Just last week the jury -- which began hearing the case more than 18 months ago -- awarded compensatory damages of $6.9 million to two of the three smokers named in the lawsuit and said that compensatory damages for a third smoker should be $5.8 million, but that his four-year statute of limitations had expired. The Florida verdict, which has been appealed, was the first class-action lawsuit against the tobacco industry to reach trial. Only six smokers have won individual lawsuits against tobacco companies; three of those verdicts were overturned at the appellate courts, and the others are on appeal.

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