TortsProf Blog

Editor: Christopher J. Robinette
Widener Univ. School of Law

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Monday, February 9, 2009

Updated: First Post-Engle Trial Begins

A few years ago, the Florida Supreme Court threw out a $145 billion class verdict against various members of the tobacco industry.  Now, as Sheila noted in last week's roundup, the first Florida trial post-Engle has begun; Bloomberg has a somewhat more detailed piece on the trial's start.  In the trial, the plaintiffs do get to take advantage of the preclusive effect of the class finding that cigarettes are addictive and cause cancer. 

The trial is in three parts, with the first focusing on liability; the second (if needed) on compensatory damages and the availability of punitive damages; and the third (again if needed) on the amount of punitive damages.

Update: In case you're particularly interested in the case, you can watch it live (for a charge) at CourtroomView.com.

--BC

http://lawprofessors.typepad.com/tortsprof/2009/02/first-post-engl.html

Damages, MDLs and Class Actions, Products Liability | Permalink

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Tracked on Feb 11, 2009 6:30:19 PM

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