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Plaintiffs want $131M in landmark Fla. tobacco case
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FORT LAUDERDALE, Fla. (Legal Newsline) - A Broward County jury is being asked to award $131 million to the widow and son of a man who died from lung cancer in Florida's first individual case of a tobacco company blamed for creating an addiction.

It is the first of thousands of suits brought on behalf of those who died or suffered from a tobacco-related illness before Nov. 21, 1996. Last week, a jury found that Philip Morris USA was at least partly responsible for the death of Stuart Hess.

A 2006 decision by the state Supreme Court overturned a $145 billion punitive damages award in a class action suit and required individuals to prove they were harmed by tobacco companies.

The jury began deliberating the amount it will award David and Elaine Hess Tuesday, The Associated Press reported. A percentage of blame is likely to be placed on Stuart Hess for continuing to smoke despite knowing the dangers.

"Mr. Hess had it within his control to quit smoking, and quit smoking in time to avoid getting lung cancer," Phillip Morris attorney Kenneth Reilly said, according to the report. "It really wasn't impossible."

Of the $131 million the plaintiffs are asking for, $100 million of it are for punitive damages.

From Legal Newsline: Reach John O'Brien by e-mail at john@legalnewsline.com.

Filed Under: Hot Topics

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MORE NEWS HEADLINES:
+ Mo. AG says tobacco payment loophole causing big problems - 2/2   read more
+ AGs support graphic warning labels for cigarettes - 12/28   read more
+ FDA appeals injunction in cigarette warning label case - 11/30   read more
+ Massive W.Va. tobacco trial ends suddenly - 11/9   read more
+ Stay ordered against new cigarette warning labels - 11/8   read more
+ Mo. judge declares mistrial in tobacco lawsuit - 10/26   read more
+ Tobacco company pays up in Ohio - 10/5   read more
+ Ill. suit over light cigarettes reopened - 9/29   read more
+ Idaho AG named chairman of anti-tobacco group - 9/21   read more
+ Hood wins lawsuit over tobacco payments - 8/25   read more


IN THE SPOTLIGHT:
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Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
+ Torts conference set for Feb. 8 in Philly - 1/18
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