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Their Day in Court:  How to try and win
tobacco cases following the Florida
Supreme Court's Engle decision

See the Agenda (pdf)

See List of Speakers

On February 8th and 9th, 2007, the Tobacco Products Liability Project will present a special two-day conference to help Florida trial lawyers try and win individual smoker’s cases in Florida. On December 21, 2006, the Florida Supreme Court affirmed its earlier decision in Engle v Liggett et al. establishing the res judicata effect of jury findings of cigarette company negligence and strict product liability for the hundreds of thousands of Engle former class members. Individual cases for compensatory and punitive damages must be filed within one year of the Supreme Court mandate, expected to be issued later this month. For additional information on the Engle case and its effect, see FAQs below.

 The conference will be held on February 8 and 9 (the Thursday and Friday prior to the American Association for Justice [formerly ATLA] Convention) at the Wolfsonian Museum on Miami Beach. The registration fee for the two-day seminar is only $395 thanks to support from the Tobacco Trial Lawyers’ Association (TTLA). TTLA members may attend at no charge.

The conference will feature leading tobacco trial lawyers from Florida and nationally addressing key questions such as:

1) What does the Florida Supreme Court's Engle decision do?
2) Who benefits from the ruling?
3) What kinds of claims will be most efficient and effective?
4) What challenging strategies might the defendants use?
5) How can punitive damages claims be made effectively?
6) How will the courts manage these cases?
7) How can we share resources to bring as many successful cases as possible?
8) What are the evidentiary challenges of the medical case and the punitive damages case?
9) What use can be made of the recent decision finding cigarette companies liable under federal RICO?
10) What resources are available to help attorneys with no tobacco litigation experience?

Note: Attendance is limited and registrants will be required to sign affidavits stating that they do not and will not work for the tobacco industry.

 Online registration has CLOSED.

 Engle v Liggett, et al. FAQs

 1. How can I access the Engle decision? 

 The final revised decision of the Florida Supreme Court is accessible at www.floridasupremecourt.org/decisions/2006/sc03-1856.pdf

 2. What liability findings are established as res judicata by the Engle decision? 

 The liability findings established by the Engle decision are as follows:

a) The tobacco companies were negligent;

b) Their products are defective and unreasonably dangerous;

c) Cigarettes are addictive;

d) Cigarette companies conspired to conceal health and addiction information with the intention of consumer reliance on the misinformation; and

e) Cigarette companies were liable for breach of express warranty

 3. What general medical causation findings are established as res judicata by the Engle decision?

 The Engle decision established that the following diseases are caused by smoking cigarettes:

 1) Aortic aneurysm;

2) Bladder cancer;

3) Cerebrovascular disease;

4) Cervical cancer;

5) Chronic obstructive pulmonary disease;

6) Coronary heart disease;

7) Esophageal cancer;

8) Kidney cancer;

9) Laryngeal cancer;

10) Lung cancer (specifically, adenocarinoma, large cell carcinoma, small cell carcinoma, and squamous cell carcinoma);

11) Complications of pregnancy;

12) Oral cavity/tongue cancer;

13) Pancreatic cancer;

14) Peripheral vascular disease;

15) Pharyngeal cancer; and

16) Stomach cancer.

 4. What is the class definition for class members covered by the Engle decision?

 Engle class members include the following:

 All Florida 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. The diseases and medical conditions must have first manifested themselves by the class cut-off date of November 21, 1996.



Richard A. Daynard and Mark Gottlieb, TPLP Co-Chairs

 Speakers and Panelists Include:

*      Howard M. Acosta, Tampa, FL

*      Kenneth Chesebro – Austin, TX

*      Clifford E. Douglas - Tobacco Control Law & Policy Consulting – Ann Arbor, MI

*      Gary Farmer - Law Offices of Freedland, Farmer, Russo & Sheller's (tentative)

*      Allan Feingold, M.D. South Miami Hospital

*      JB Harris - Miami, FL

*      Holly Hostrop – Cathedral City, CA

*      Robert W. Johnson – Robert W. Johnson & Associates, Los Altos, CA

*      Michael London – Douglas & London, P.C. New York, NY

*      Michael Piuze – Los Angles, CA

*      David J. Sales - Searcy Denney Scarola Barnhart & Shipley, P.A. (tentative)

*      Matt Schultz - Levin Papantonio Thomas Mitchell Echsner & Proctor, P.A.

*      Stephen Sheller - Sheller, Ludwig & Sheller, P.C. – Philadelphia, PA

*      Robert Shields - Doffermyre Shields Canfield Knowles & Devine – Atlanta, GA

*      Chuck Tauman – Portland, OR

*      Norwood S. “Woody” Wilner - Spohrer Wilner P.A.


Support provided by the Tobacco Trial Lawyers’ Association (www.ttlaonline.com)



© Copyright 2007 Public Health Advocacy Institute, Inc.