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Mealey's Tobacco

January 08, 2024
Smoker’s Widow Tells Panel Hard Drug Evidence Properly Excluded From Trial

MIAMI — A dead smoker’s widow in a Jan. 5 appellee brief urges a Florida appellate panel to reject a tobacco company’s argument challenging a $5 million Engle verdict in her favor on the basis that the trial court excluded evidence of the smoker’s use of crack and heroin, arguing that the evidence at issue is unreliable and relates only to alleged late-life use after the smoker’s lung cancer diagnosis.
January 04, 2024
En Banc 5th Circuit Remands FDA Vape Ban Orders, Cites ‘Regulatory Switcheroos’

NEW ORLEANS — The en banc Fifth Circuit U.S. Court of Appeals on Jan. 3 ruled by majority that the Food and Drug Administration acted arbitrarily and capriciously by banning two vape companies’ products from the market, writing that the FDA “sent manufacturers of flavored e-cigarette products on a wild goose chase” with its instructions for seeking regulatory approval and rejecting its argument that any error was harmless.
January 02, 2024
Oregon Appeals Court Stays Portland Flavored Tobacco Ban Challenged By Businesses

SALEM, Ore. — The Oregon Court of Appeals stayed a countywide ban of flavored tobacco sales that was due to take effect Jan. 1 but is being challenged on appeal by an Oregon tobacco and e-cigarette industry association, an e-cigarette store and its owner, who claim that the ban will destroy local tobacco businesses.
December 20, 2023
Amendments To Rule 702 For Expert Witness Testimony Go Into Effect

Amendments to Federal Rule of Evidence 702, Fed. R. Evid. 702, went into effect to clarify how courts should decide the admissibility of expert testimony.
December 19, 2023
Smoker With Lung Cancer Says Claims Wrongly Dismissed For Lack Of ‘Defect’

TALLAHASSEE, Fla. — A smoker with lung cancer on Dec. 18 filed an appellant brief in the First District Florida Court of Appeal seeking reversal of a trial court’s dismissal of her complaint without leave to amend, arguing that the court improperly disregarded Florida precedent in finding that she failed to allege that the cigarettes she smoked were defective based on tobacco companies’ manipulation of their nicotine levels.
December 19, 2023
Juul MDL Judge Approves $76.5M Attorney Fees Award

SAN FRANCISCO — A California federal judge on Dec. 18 approved an attorney fees award worth more than $76.5 million to be paid out of a $255 million class settlement resolving multidistrict litigation claims against e-cigarette maker Juul Labs Inc. (JLI) and approved an attorney fees committee’s recommendation for allocation of common benefit fees to 62 plaintiffs’ firms that participated in the suit.
December 13, 2023
E-Cig Buyers Say Juul’s Arbitration Agreement Doesn’t Bar Antitrust Claims

SAN FRANCISCO — A group of direct purchaser plaintiffs (DPPs) that sued e-cigarette maker Juul Labs Inc. (JLI), tobacco company Altria Group Inc. and certain corporate officers for violations of antitrust law in California federal court filed a brief opposing JLI’s motion to compel arbitration and strike their class allegations, writing that JLI’s online purchase page provides insufficient notice of an arbitration agreement.
December 08, 2023
Cancer Patient, Wife Win $20.7M Against Tobacco Company In Massachusetts Trial

WOBURN, Mass. — A Massachusetts state court jury awarded a verdict worth more than $20.7 million in compensatory damages to a smoker with oral cancer and his wife against two tobacco companies and a local retailer after hearing that the smoker got hooked in the early 1960s before cigarette packs had warning labels and was unable to quit smoking until 2020, after his second cancer diagnosis. VIDEO FROM THE TRIAL IS AVAILABLE.
December 07, 2023
San Francisco Says Online Companies Are Violating Flavored E-Cigarettes Ban

SAN FRANCISCO — The San Francisco City Attorney’s Office filed a lawsuit in California state court against three e-cigarette distributors based in California that the office claims are violating San Francisco’s bans on e-cigarettes and flavored tobacco by selling flavored e-cigarette products online and shipping the products into the city, seeking penalties under California’s unfair competition law (UCL).
December 07, 2023
5th Circuit Mulls FDA’s Right To Require Graphic Tobacco Warnings

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals heard oral arguments in the U.S. Food and Drug Administration and other parties’ appeal challenging a federal court’s order vacating a new graphic warnings requirement for tobacco products, which the government argued correctly depict the health effects of tobacco products while tobacco companies’ counsel said the warnings will confuse consumers.
December 04, 2023
Smoker’s Widow Tells Panel ‘Erroneous’ Legal Moves Deprived Her Of Punitives

MIAMI — A smoker’s widow argues in Dec. 4 reply brief to a Florida appellate panel that it should reverse a trial court’s grant of summary judgment on her claim for punitive damages against a tobacco company for causing her husband’s coronary artery disease (CAD), lung cancer and death, contending that she was wrongly prevented from seeking punitives at trial based on an “erroneous” defense by the tobacco company that it later voluntarily withdrew.
December 04, 2023
Tobacco Sellers Ask Court To Stay Portland Flavored Tobacco Ban Pending Appeal

PORTLAND, Ore. — An Oregonian tobacco and e-cigarette industry association, an e-cigarette store and its owner urge an Oregon state court in a reply brief to stay entry of judgment allowing a countywide ban of flavored tobacco sales pending the outcome of the plaintiffs’ appeal, citing a pending appeal on a similar ban and arguing that the ban will destroy local tobacco businesses.
December 01, 2023
Tobacco Company Says $8.1M Engle Judgment Tainted By Jury Errors

MIAMI — A tobacco company filed a brief in Florida appellate court challenging an $8.1 million compensatory damages judgment awarded to three children of a smoker who died in 1996 from lung cancer after smoking two to three packs of cigarettes a day for more than 30 years, writing that the judgment should be reversed and remanded due to two jury-related errors by the court.
December 01, 2023
1989 Case Proves County’s Right To Ban Flavored Tobacco, Oregon Appeals Court Told

SALEM, Ore. — An Oregon county filed a second supplemental authority in its pending challenge before the Oregon Court of Appeals of a county circuit court judge’s order blocking its ban of flavored tobacco as preempted by state law, asserting that case law proves that state regulations of product standards do not prohibit counties from banning those products.
November 30, 2023
California Flavored Tobacco Ban Creates No Conflict, High Court Told

WASHINGTON, D.C. — In a Nov. 29 brief to the U.S. Supreme Court opposing a petition for a writ of certiorari filed by tobacco companies and a retailers’ association challenging California’s flavored tobacco ban, Attorney General Rob Bonta and San Diego County District Attorney Summer Stephan say the court should deny review because no conflict exists regarding local rights to ban tobacco products under federal regulations.
November 29, 2023
Jury Awards $11M To Estate For Smoker’s Lung Cancer Death

JACKSONVILLE, Fla. — A Florida state court jury awarded $10 million in punitive damages against only one tobacco company defendant after awarding $1 million in compensatory damages against it and another tobacco company in favor of the estate of a woman who died from lung cancer after smoking for more than 40 years. VIDEO FROM THE TRIAL IS AVAILABLE.
November 29, 2023
Panel Urged To Reverse No Cancer Finding In Engle Case By Smoker’s Widow

MIAMI — A dead smoker’s widow tells a Florida appellate panel in a reply brief that it should reverse a defense judgment against her and remand her case for a new trial, arguing that the jury’s finding that her dead husband did not have lung cancer was likely the result of improperly admitted deposition testimony and the court’s improper jury instructions.
November 28, 2023
New York City Opposes Flavored Disposable Vape Sellers’ Bid To Dismiss Suit

NEW YORK — New York City on Nov. 27 filed a brief opposing two defendants’ motion to dismiss its complaint accusing multiple sellers of e-cigarette devices of illegally netting millions of dollars in profit while selling flavored vape devices in violation of federal, state and city laws, writing that the motion makes “straw man” arguments and that its claims are all sufficiently pleaded.
November 28, 2023
9th Circuit Grants E-Liquid Maker’s Request For Denial In Challenge To FDA Ban

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel granted an e-liquids maker’s request for a denial of its petition challenging the Food and Drug Administration’s ban of its products based on controlling circuit precedent, which the petitioner had requested while preserving its right to petition the U.S. Supreme Court for “further review.”
November 21, 2023
Cigar Company Wins $10.8M In Fees On Breach Of Contract Claim Despite CEO’s Fraud

LOS ANGELES — A California federal judge found that cigarillo company Trendsettah USA Inc. is entitled to $10.8 million in attorney fees and disbursements against Swisher International Inc. on a breach of contract claim, despite Trendsettah’s former CEO’s conviction for fraud, and also awarded prejudgment interest and denied Trendsettah’s motion to vacate an earlier attorney fee award in Swisher’s favor.
November 17, 2023
Panel Upholds $3.3M Judgment Against Philip Morris For Smoker’s Death From COPD

MIAMI — A Florida appellate panel on Nov. 15 affirmed a trial court’s entry of a $3.3 million judgment in favor of a Cuban immigrant’s estate against a tobacco company that a jury previously found liable for hooking him on cigarettes and causing his death from chronic obstructive pulmonary disease (COPD), finding that the trial court did not err by denying the company’s pretrial motion for summary judgment.
November 14, 2023
Synthetic Nicotine E-Cigarette Maker Dismisses Suit After FDA Rescinds Denial

DALLAS — A Texas federal court on Nov. 13 terminated an e-cigarette company’s suit challenging the Food and Drug Administration’s rejection of its applications for approval of synthetic nicotine-based e-liquid products after the plaintiff filed a notice of voluntary dismissal, citing the FDA’s rescission of its letter refusing to accept the applications.
November 13, 2023
Smoker’s Widow Seeks Rehearing After Florida Panel Reverses $2M Punitive Award

WEST PALM BEACH, Fla. — A dead smoker’s widow filed a motion urging a Fourth District Florida Court of Appeal panel to rehear, rehear en banc or clarify its ruling reversing a trial court’s denial of a tobacco company’s motion for new trial on punitive damages after the jury awarded the widow $2 million for her Engle claims.
November 10, 2023
Vice Chancellor Grants TRO Barring Juul’s Planned Debt Conversion

WILMINGTON, Del. — The Delaware Chancery Court on Nov. 9 unsealed a vice chancellor’s order granting a temporary restraining order (TRO) sought by a group of financial entities that own $1.9 billion worth of notes issued by e-cigarette maker Juul Labs Inc. (JLI) and granted the noteholders’ motion to expedite their suit seeking to stop JLI from converting debt into equity “worth a fraction of its value,” allegedly as part of a plan by “certain JUUL insiders to plunder the Company for their own benefit.”
November 10, 2023
Judge Denies Dead Smoker’s Daughter’s Bid To Renew Claims Against Local Retailer

ST. LOUIS — A Missouri federal judge denied a dead smoker’s daughter’s motion for leave to amend her wrongful death lawsuit against a tobacco company to restore claims against a local retailer and remand the suit to state court, writing that the daughter failed to provide new evidence showing that the retailer was wrongly dismissed as an “innocent seller.”