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February 24, 2022
Florida High Court Quashes, Remands 2 More Pre-1999 Engle Punitive Awards

TALLAHASSEE, Fla. — The Florida Supreme Court on Feb. 18 accepted jurisdiction over two petitions for review of punitive damages awards to Engle plaintiffs under Florida’s pre-1999 punitive damages statute for post-1999 deaths, quashed the awards’ affirmances and remanded the cases to appellate court for reconsideration in light of the court’s ruling in Sheffield.
February 22, 2022
Florida High Court Quashes, Remands Affirmance Of Pre-1999 Punitive Damages Award

TALLAHASSEE, Fla. — The Florida Supreme Court on Feb. 4 accepted jurisdiction over a petition and quashed an appellate court’s affirmance of an award issued under Florida’s pre-1999 punitive damages statute to the children of a smoker who died in 2000, ordering the case remanded for reconsideration in light of a recent holding that Engle wrongful death actions arise on the smoker’s death date.
February 22, 2022
High Court Won’t Review California’s Regulation Of Tribal Cigarette Sales

WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 22 denied a tribal tobacco business’s petition for a writ of certiorari seeking review of a Ninth Circuit U.S. Court of Appeals’ ruling affirming dismissal of the business’s lawsuit challenging California’s taxation and regulation of its cigarette business in part on the grounds that it, as a tribe’s corporate form, is entitled to certain tribal protections under federal law.
February 16, 2022
Altria Says Administrative Judge Dismissed FTC Challenge To Juul Investment

WASHINGTON, D.C. — Tobacco company Altria Group Inc. states in a Feb. 15 press release that an administrative law judge (ALJ) has dismissed a Federal Trade Commission antitrust complaint against Altria and Juul Labs Inc. (JLI) for engaging in allegedly anti-competitive behavior, noting that the decision is “subject to further review by FTC.”
February 16, 2022
Judge Dismisses Exploding Vape Suit Against Battery Maker Despite Some Contacts

DETROIT — A Michigan federal judge on Feb. 14 granted a battery maker and its Michigan subsidiary’s motion to dismiss a lawsuit brought by a man who was burned by an exploding e-cigarette device, finding that while the defendant’s contacts with Michigan were established, the plaintiff failed to show that his cause of action arose out of those contacts.
February 14, 2022
Magistrates Recommend Default Against 2 Bodegas For Infringing Juul Trademarks

BROOKLYN, N.Y. — Two New York federal magistrate judges in separate reports and recommendations issued Feb. 9 and 10 both recommended entry of default judgment against two Brooklyn-based bodegas for selling counterfeit and grey market products that infringed the trademarks of e-cigarette maker Juul Labs Inc. (JLI).
February 11, 2022
Vape Company To Drop Petition Challenging FDA’s Marketing Denial

CINCINNATI — A flavored vape company that was denied a stay of the U.S. Food and Drug Administration’s order blocking it from selling its products by the Sixth Circuit U.S. Court of Appeals and lost a U.S. Supreme Court emergency application for a stay filed an unopposed motion Feb. 10 for voluntary dismissal of its petition for review in the Sixth Circuit.
February 10, 2022
Tobacco Company Caused Smoker’s Death From Lung Cancer, Lawyer Tells Jury

CLEARWATER, Fla. — Lawyers for the widow of a smoker who died at age 50 from lung cancer and who is now suing a tobacco company in an Engle trial told a Florida state court jury on Feb. 7 that tobacco companies were actively conspiring to conceal the addictiveness and health risks of their products when he began smoking during the 1950s and that he was unable to quit. VIDEO FROM THE TRIAL IS AVAILABLE.
February 09, 2022
Vape Company Sues Competitors For Allegedly Infringing ‘JUICY’ Trademark

RENO, Nev. — A tobacco, herb, e-liquids and vape company filed a lawsuit in Nevada federal court on Feb. 4 accusing three Florida-based entities of infringing the company’s “JUICY” trademarks with the sales of their vape products branded “JUUCY” based on the defendants’ conduct during a trade convention held recently in Las Vegas.
February 07, 2022
11th Circuit Affirms Denial Of Cigar Maker’s Bid To Enjoin FDA Enforcement

ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Feb. 3 affirmed a district court’s ruling rejecting a flavored cigar manufacturer’s motion for emergency preliminary injunctive relief blocking the Food and Drug Administration from restricting its sales in response to its substantial equivalence reports, finding that the manufacturer has received no response and faces no enforcement actions from the FDA.
February 07, 2022
Altria Owed $9.2M Tax Refund For Oregon Punitive Damages Payment, Judge Rules

RICHMOND, Va. — A Virginia federal judge on Jan. 19 ruled that Altria Group Inc. is entitled to a more than $9.2 million tax refund from the federal government in view of a punitive damages award it was ordered to pay on behalf of its subsidiary Philip Morris USA Inc. (PM USA) to the state of Oregon under Oregon’s split recovery statute after losing a wrongful death lawsuit.
February 04, 2022
Judge Dismisses Exploding Vape Battery Suit With Prejudice, Finds No Jurisdiction

PHOENIX — An Arizona federal judge on Feb. 1 dismissed with prejudice a lawsuit brought against a South Korean battery manufacturer on behalf of a minor who was severely burned by an exploding vape battery after finding no jurisdiction over the manufacturer.
February 04, 2022
Panel Vacates $42.5M Verdict For Smoker’s Widower Citing Jury Error

MIAMI — A Florida appellate panel on Feb. 2 for the second time vacated a multimillion-dollar verdict in favor of a smoker’s widower, vacating a jury’s award of $42.5 million in compensatory and punitive damages against two tobacco companies due to an error by the trial court in denying a for-cause challenge to a prospective juror who stated a belief that all daily cigarette smokers are addicted.
February 04, 2022
Judge Approves $1.75M Settlement Of Former E-Cig Campaigners’ Class Action

SAN FRANCISCO — A California federal judge on Feb. 2 granted a motion for preliminary approval of a $1.75 million settlement to resolve wage and overtime claims brought by plaintiffs representing a putative class of 450 former canvassers against e-cigarette maker Juul Labs Inc., which funded the canvassers’ work on a campaign against the city of San Francisco’s ban on e-cigarette sales, and two affiliated entities.
February 03, 2022
Panel Affirms Dismissal Of Exploding Vape Battery Suit For Lack Of Jurisdiction

RALEIGH, N.C. — A split North Carolina appellate panel on Feb. 1 affirmed the dismissal for lack of jurisdiction of a man’s lawsuit against a South Korean battery maker and its Delaware-based subsidiary for an incident in which he suffered severe burns after the battery in his e-cigarette exploded in his pocket.
February 02, 2022
11th Circuit Stays Enforcement Of MDOs For 4 Vape Companies Pending Review

ATLANTA — A split 11th Circuit U.S. Court of Appeals panel on Feb. 1 granted four vape companies’ motions to stay enforcement of the Food and Drug Administration’s marketing denial orders (MDOs) against them pending review of their petitions challenging the FDA’s denial of their premarket tobacco applications (PMTAs), which prohibits them from selling their products in the United States.
February 02, 2022
Florida Jury Orders Tobacco Company To Pay Smoker’s Widower $9.75M

TAMPA, Fla. — A Florida state court jury on Jan. 28 awarded $9,750,000 in compensatory damages to the widower of a smoker who died after contracting chronic obstructive pulmonary disease (COPD) and who sued a tobacco company in an Engle case for deceiving his late wife into believing that she could mitigate the health risks of smoking by switching to “Ultra Light” cigarettes. VIDEO FROM THE TRIAL IS AVAILABLE.
February 02, 2022
5th Circuit Questions FDA’s Denial Of Vape Companies’ PMTAs

NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel during oral argument on Jan. 31 questioned attorneys for two e-cigarette companies and the Food and Drug Administration about whether the FDA properly reviewed the companies’ premarket tobacco applications (PMTAs) and notified the companies about PMTA criteria before issuing each company a marketing denial order (MDO).
January 31, 2022
Juul MDL Judge Denies Motions To Dismiss Tribes’ Bellwether Complaints

SAN FRANCISCO — The California federal judge overseeing the multidistrict litigation against e-cigarette maker Juul Labs Inc. (JLI) and related entities on Jan. 28 denied most of the defense motions seeking to dismiss two Native American tribes’ bellwether complaints but granted JLI’s motion to dismiss claims brought against it under Michigan state law.
January 31, 2022
Editor’s Note

The journalists and staff of Mealey’s Litigation Reports are saddened by the passing of co-founder Michael P. Mealey. He was a respected member of the newsletter community, being named publisher of the year by the National Newsletter Association and president of the National Newsletter Association. Mike and Judy Mealey started Mealey Publications Inc. in 1984. As president, Mike grew the Mealey’s Litigation Report portfolio, introduced email news bulletins and electronic CD formats and launched a continuing legal education conference business. Mealey’s was sold to LexisNexis in 2000. We hope to carry on his journalistic curiosity and integrity in the titles we continue to publish today under his name.
January 28, 2022
Split Florida Panel Affirms $3.2M Attorney Fee Award In Engle Case

TALLAHASSEE, Fla. — A split Florida appellate panel on Jan. 19 affirmed a trial court’s entry of supplemental judgment awarding a smoker $3.2 million in attorney fees in addition to an approximately $11 million jury verdict, with a dissenting judge writing that the majority misapplied Florida Supreme Court precedent.
January 28, 2022
Florida Supreme Court Won’t Review Reversal Of Hearsay-Based $10.6M Verdict

TALLAHASSEE, Fla. — The Florida Supreme Court on Jan. 26 denied a smoker’s son’s petition for review of the reversal of a $10.6 million judgment in his favor after an appellate panel found that the trial court erred by allowing the plaintiff to rely on “backward-looking hearsay” testimony to support his fraud claims.
January 24, 2022
Tobacco Company Ordered By Jury To Pay Smoker With Bladder Cancer More Than $10M

TAMPA, Fla. — A Florida jury on Jan. 21 awarded a smoker with bladder cancer and his wife $5 million in punitive damages, one day after awarding compensatory damages of more than $5 million, after finding that the smoker became addicted to cigarettes that caused his cancer as a youth due to deceptive marketing by the tobacco industry targeting young smokers. VIDEO FROM THE TRIAL IS AVAILABLE.
January 19, 2022
Electronic Pipe Patent Challenged In Petition For Inter Partes Review

ALEXANDRIA, Va. — Philip Morris USA Inc. (PM) on Jan. 18 singled out a patented electronic pipe as obvious in a filing with the Patent Trial and Appeal Board.
January 19, 2022
Dead Smoker Was Deceived Into Switching To ‘Ultra Lights,’ Florida Jury Told

TAMPA, Fla. — An attorney representing the widower of a smoker who died after contracting a serious lung disease told a jury during openings in a Florida state court on Jan. 14 that the smoker was too addicted to quit smoking and that based on deceptive information released by the industry switched to “Ultra Light” cigarettes to improve her health, which she then continued smoking for several more decades. VIDEO FROM THE TRIAL IS AVAILABLE.