Bernice Brown v. R.J. Reynolds Tobacco Co.

Family members of smokers filed lawsuits against the major tobacco companies seeking damages for injuries caused by smoking. The family members argued that the findings in an earlier class action lawsuit (Engle v. Liggett Group, Inc.) could be used against tobacco companies to prove that the companies had engaged in acts such as selling cigarettes that were defective and unreasonably dangerous. In this appeals court decision, the court ruled that the “approved findings” from the first phase of the Engle case must have some effect on future cases. However, the court ruled that the plaintiff in future cases must be able to establish that the jury in the Engle case actually decided that a tobacco company acted wrongfully regarding cigarettes that the plaintiff smoked.

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Brown v. R.J. Reynolds Tobacco Co., 611 F.3d 1324 (11th Cir., 2010).

  • United States
  • Jul 22, 2010
  • U.S. Court of Appeals, Eleventh Circuit

Parties

Plaintiff

  • Alice Cothern as personal represenative of the estate of James A. Cothern
  • Alonzo Johnson as personal represenative of the estate of Willie P. Johnson
  • Bernice Brown as personal represenative of the estate of Levi Brown
  • Catherine Dillingham as personal represenative of the estate of Catherine Dillingham
  • Dorothy Copeland as personal represenative of the estate of Robert Copeland
  • Esther Werth as personal represenative of the estate of Howard Werth
  • Fonatine Wallace as personal represenative of the estate of Robert E. Wallace
  • Holly Murray as personal represenative of the estate of Perry Murray
  • James L. Smith, Sr. as personal represenative of the estate of Wanette Smith
  • Joanne Heflin-Gillis as personal represenative of the estate of Milton Heflin
  • Juanita Coston as personal represenative of the estate of Troy R. Coston
  • Lorraine Olson as personal represenative of the estate of Floyd G. Olson
  • Mary Jane Moschini as personal represenative of the estate of Giuliano P. Moschini
  • Minnie Register as personal represenative of the estate of Jimmy C. Register
  • Nadine Head as personal represenative of the estate of Carson W. Head
  • Paul Christie as personal represenative of the estate of Sharon Christie
  • Peggy Hickox as personal represenative of the estate of Benjamin F. Hickox
  • Robert Denton as personal represenative of the estate of Linda L. Denton
  • Sharon Fernandez as personal represenative of the estate of Sharon Fernandez
  • Tony Harris as personal represenative of the estate of Linda Harris

Defendant

  • Lorillard Tobacco Company
  • Lorillard, Inc.
  • Philip Morris USA, Inc.
  • R.J. Reynolds Tobacco Company, individually and as successor by merger to the Brown & Williamson Tobacco Corporation and the American Tobacco Company

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None