Personal Injury Law

Tobacco Litigation Heating Up In Tampa

By Brenda Fulmer

The deadline for former members of the Engle class action to file lawsuits against tobacco manufacturers passed ealirer this month. While the exact tally won't be known for several weeks, it is estimated that more than 5,000 smokers and their surviving family members have filed individual lawsuits across the state. In July of 2006, the Florida Supreme Court issued a landmark decision in the Engle class action case that is now paving the way for this new wave of cases (http://www.floridasupremecourt.org/decisions/2006/sc03-1856.pdf). The Florida Supreme Court made a number of legal findings with regard to general causation and liability issues that will permit former class members to rely on these legal conclusions in future jury trials that will focus on individual causation and damages. The Florida Supreme Court's order noted that cigarettes cause a number of different cancers and other serious diseases and that the manufacturers of cigarettes have eengaged in conduct over decades that constituted concealment, fraud, misrepresentations, and conspiracy.

Full post as published by Tampa Bay Personal Injury Law on January 22, 2008 (boomark / email).