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Engle v. R.J. Reynolds Tobacco Co.

(Class Action FL Sup. Ct. 1994 Decertified) Related Cases: Lukacs v. RJR Citation: 672 So.2d 39 (Fla 3d DCA 1996); 682 So 2d 1000 (Fla, 2 Oct 1996); 529 US 1144, 120 S Ct 2025, 146 L Ed 2d 975 (22 May 2000); 853 So 2d 434 (Fla 3d DCA 2003); 945 So.2d 1246 (Fla 21 Dec 2006)

This class action suit was brought by representative plaintiff Howard A. Engle, M.D., Mary Farnan, Angie Della Vecchia, and Frank Amadeo, against R.J. Reynolds, Philip Morris, Lorillard, American Tobacco Co., Brown & Williamson, Liggett, Brooke Group, Dorsal Tobacco, the Council for Tobacco Research and the Tobacco Institute on May 5, 1994.
The class was originally defined as "All United States citizens and residents, and their survivors, who have suffered, presently suffer or who have died from diseases and medical conditions caused by their addiction to cigarettes that contain nicotine" but was later reduced to just Florida smokers. The plaintiff claimed strict liability, fraud and misrepresentation, conspiracy to misrepresent and committ fraud, breach of implied warranty and merchantability and fitness, intentional infliction of emotional distress, negligence, and breach of express warranty. The plantiff sought equitable belief, requesting medical monitoring. This count was dismissed prior to the verdict.
The case was heard in the Circuit Court of the 11th Judicial Circuit in and for Dade County, Florida (Case No. 94-08273 CA (22)) before the Honorable Robert Paul Kaye. The judge certified the class as originally defined in October, 1994.
On an interlocutory appeal, the Florida Third District Court of Appeal (672 So.2d 39) affirmed the certification, but reduced the class to only Florida smokers on January 31, 1996 (Engle I).
In May 1997, the judge reconsidered an earlier partial summary judgment order where he had ruled certain claims were preempted by the Federal Cigarette Labeling and Advertising Act. In July, 1997, the judge dismissed the plaintiffs' claim for medical monitoring. In January 1998, the judge denied a motion to decertify the class. He did express reservations regarding the manageability of the class, and allowed an interlocutory appeal on that issue.
The trial was held in three parts beginning in October, 1998. Phase I consisted of liability and entitlement to punitive damages of the class as a whole, in which the jury found for the plaintiffs in July, 1999. Phase II-A was to consist of entitlement to compensatory damages for the representative plaintiffs. Again, the jury found for the plaintiffs, awarding $12.7 million, on April 7, 2000. Phase II-B was to determine a lump sum punitive award, if any, to be assessed to the class as a whole. The jury awarded $145 billion on July 14, 2000. In his final judgment order, the judge granted a motion for directed verdict against the equitable relief request (Count 7) by the Engle class and against representative plaintiff Frank Amodeo on the counts of strict liability, implied and express warranty, negligence and emotional distress because the statute of limitations barred him from pursuing those counts, but for the plaintiffs on all other counts.
The Florida Third District Court of Appeal (853 So 2d 434)reversed the judgment and decertified the class on May 21, 2003 (Engle II).
The Florida Supreme Court (945 So.2d 1246) affirmed the Appeals court's reversal of the award of punitive damages as improper and excessive as a matter of law on July 6, 2006 (No. SC03-1856). It remanded the case to be decertified with out prejudice to individual claims filed within one year. The court held that the findings of the trial, (1) cigarettes cause disease, (2) nicotine is addictive, (3) the defendants placed defective and unreasonably dangerous cigarettes on the market, were resolved for any such future cases. It also reinstated the compensatory damages for two of the plaintiffs, ruling the third was barred by the Statute of Limitations. It declined to reconsider and clarify on December 21, 2006. The defendants appealed.
The United States Supreme Court denied certiorari on October 1, 2007. The period for mini-trials to be filed will remain open until January 11, 2008.
Mini-trials filed include: Lukacs v. R.J. Reynolds Tobacco Co. (jury awarded $37.5 million in compensatory damages).


Synonyms

   ENGLE
   Engle v. R.J. Reynolds Tobacco C
   Engle, et al