Tobacco Litigation

News & Analysis as of

Florida Class action: American Spirit Cigarette Maker

Florida lawyers are once again at the forefront of litigation against Big Tobacco, as last week a class action lawsuit against the maker of American Spirit cigarettes, and its parent company, was filed in Federal Court in...more

Advertising Law - September 2015 #2

FTC Reviews Kids’ Apps for Privacy Progress - Three years after conducting a survey on apps directed to children, the Federal Trade Commission’s Office of Technology Research and Investigation decided to check back with...more

Product Liability Update - July 2015

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

Up in Smoke – District Court Vacates $20,760,000 Punitive Damages Verdict in Florida Tobacco Lawsuit

On April 23, 2015, the United States District Court for the Middle District of Florida vacated a $20,760,000 punitive damages award that had been levied against international tobacco manufacturer Philip Morris USA, Inc. by a...more

Construction Case Law Update - April 2015

The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more

Big Tobacco – Attila the Hun of Corporate America

We do not sue them. They will run up millions in costs for just one lawsuit, regardless of the actual damages . They will conduct a scorched earth defense and try to simply wait until the plaintiff dies....more

Illinois Supreme Court Agrees to Review Tobacco Verdict Again

Not infrequently, the law calls upon a court to decide what another court would do with a particular issue or case. In the closing days of its September term, the Illinois Supreme Court agreed to take up Price v. Philip...more

How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths [Video]

Jack Scarola, Tobacco attorney and partner of Searcy Denney explains how tobacco fights a war in which they try to wear down plaintiffs; out spend plaintiffs and wait for plaintiffs to die....more

Tobacco Companies — Finally Being Brought to Justice

“We are reformed and vow never to be evil, devious, conspiratorial, deceitful, designing, tricky, conniving, underhanded or murderous ever again!” So goes the paraphrased prostrations of lawyer Jeff Furr, representing...more

Hookah Manufacturer’s Copyright Infringement Claims Go Up in Smoke - Inhale, Inc. v. Starbuzz Tobacco, Inc.

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling and an award of attorneys’ fees, finding that a hookah water container used for smoking tobacco was not entitled to copyright protection....more

Tax Court Rules that Payments by Tobacco Distributor to Tobacco Master Settlement Agreement Qualified Settlement Fund Not...

In Suriel v. Comm’r, 141 T.C. No. 16 (Dec. 4, 2013), the Tax Court ruled that, under the specific facts in this case, the economic performance rules under IRC Section 461(h), permitting a tax deduction for certain liabilities...more

Will the protracted litigation between tobacco manufactures and the State of California finally be coming to an end?

The State of California engaged in lengthy and protracted litigation with numerous tobacco manufacturers concerning their marketing activities and advertising in the State of California. In the Consolidated Tobacco Cases, the...more

Advertising Law -- May 09, 2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more

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