Florida smokers and the families of deceased smokers who believe cigarette smoking has been the cause of injury or death need to immediately seek legal advice. The Florida Supreme Court ruling in ENGLE v. LIGGETT GROUP, INC., SC03-1856 (Fla. 2006) has opened the door for individual lawsuits against tobacco companies claiming compensatory and punitive damages.
Following a meeting yesterday with other Florida attorneys who recognize the urgent need to inform the public about the rights created by the Engle decision my firm is launching a major campaign in the local media. We are determined to provide justice to those who have been victimized by an industry that, in the words of the Florida Supreme Court, concealed and misrepresented important information relating to the health effects of cigarettes and their addictive nature.
Smokers who have been diagnosed with a number of diseases or conditions listed in the Engle opinion may have a basis to seek damages.
The Florida Supreme Court’s own wording:
…smoking cigarettes causes aortic aneurysm, bladder cancer, cerebrovascular disease, cervical cancer, chronic obstructive pulmonary disease, coronary heart disease, esophageal cancer, kidney cancer, laryngeal cancer, lung cancer (specifically, adenocarinoma, large cell carcinoma, small cell carcinoma, and squamous cell carcinoma), complications of pregnancy, oral cavity/tongue cancer, pancreatic cancer, peripheral vascular disease, pharyngeal cancer, and stomach cancer…
…nicotine in cigarettes is addictive…
…the defendants placed cigarettes on the market that were defective and unreasonably dangerous…
…the defendants concealed or omitted material information not otherwise known or available knowing that the material was false or misleading or failed to disclose a material fact concerning the health effects or addictive nature
of smoking cigarettes or both…
…the defendants agreed to misrepresent information relating to the health effects of cigarettes or the addictive nature of cigarettes with the intention that smokers and the public would rely on this information to their detriment…
…the defendants agreed to conceal or omit information regarding the health effects of cigarettes or their addictive nature with the intention that smokers and the public would rely on this information to their detriment…
…the defendants sold or supplied cigarettes that were defective…
…the defendants were negligent…
The critical bottom line:
Individual plaintiffs within the class will be permitted to proceed individually with the findings set forth above given res judicata effect in any subsequent trial between individual class members and the defendants, provided such action is filed within one year of the mandate in this case.
Florida smokers and the families of deceased smokers who believe cigarette smoking has been the cause of injury or death need to immediately seek legal advice. The Florida Supreme Court ruling in ENGLE v. LIGGETT GROUP, INC., SC03-1856 (Fla. 2006) has opened the door for individual lawsuits against tobacco companies claiming compensatory and punitive damages.
Following a meeting yesterday with other Florida attorneys who recognize the urgent need to inform the public about the rights created by the Engle decision my firm is launching a major campaign in the local media. We are determined to provide justice to those who have been victimized by an industry that, in the words of the Florida Supreme Court, concealed and misrepresented important information relating to the health effects of cigarettes and their addictive nature.
Smokers who have been diagnosed with a number of diseases or conditions listed in the Engle opinion may have a basis to seek damages.
The Florida Supreme Court’s own wording:
…smoking cigarettes causes aortic aneurysm, bladder cancer, cerebrovascular disease, cervical cancer, chronic obstructive pulmonary disease, coronary heart disease, esophageal cancer, kidney cancer, laryngeal cancer, lung cancer (specifically, adenocarinoma, large cell carcinoma, small cell carcinoma, and squamous cell carcinoma), complications of pregnancy, oral cavity/tongue cancer, pancreatic cancer, peripheral vascular disease, pharyngeal cancer, and stomach cancer…
…nicotine in cigarettes is addictive…
…the defendants placed cigarettes on the market that were defective and unreasonably dangerous…
…the defendants concealed or omitted material information not otherwise known or available knowing that the material was false or misleading or failed to disclose a material fact concerning the health effects or addictive nature of smoking cigarettes or both…
…the defendants agreed to misrepresent information relating to the health effects of cigarettes or the addictive nature of cigarettes with the intention that smokers and the public would rely on this information to their detriment…
…the defendants agreed to conceal or omit information regarding the health effects of cigarettes or their addictive nature with the intention that smokers and the public would rely on this information to their detriment…
…the defendants sold or supplied cigarettes that were defective…
…the defendants were negligent…
The critical bottom line:
Individual plaintiffs within the class will be permitted to proceed individually with the findings set forth above given res judicata effect in any subsequent trial between individual class members and the defendants, provided such action is filed within one year of the mandate in this case.
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