An appeals court upheld judgments in favor of two smokers who sued R.J. Reynolds Tobacco Company (RJR) for injuries caused by smoking. The court found that RJR had not been deprived of its right to due process when two juries awarded money damages to the survivors of two smokers. The appeals court found that RJR had a full and fair opportunity to be heard in an earlier class action lawsuit against major tobacco companies (Engle v. Liggett Group, Inc.) and that it was permissible to apply the findings from this class-action regarding tobacco companies’ liability in later lawsuits. Therefore, the court ruled that individuals in later lawsuits need only prove causation and damages specific to their case. They do not have to retry the issue of whether tobacco companies are liable on issues such as misrepresenting the health effects of smoking and producing a defective product.
Alvin Walker, as Personal Representative of the Estate of Albert Walker
George Duke, III, as Personal Representative of the Estate of Sarah Duke
Defendant
R.J. Reynolds Tobacco Company, individually and as successor by merger to the Brown & Williamson Tobacco Corporation and the American Tobacco Company
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
An appeals court upheld judgments in favor of two smokers who sued R.J. Reynolds Tobacco Company (RJR) for injuries caused by smoking. The court found that RJR had not been deprived of its right to due process when two juries awarded money damages to the survivors of two smokers. The appeals court found that RJR had a full and fair opportunity to be heard in an earlier class action lawsuit against major tobacco companies (Engle v. Liggett Group, Inc.) and that it was permissible to apply the findings from this class-action regarding tobacco companies’ liability in later lawsuits. Therefore, the court ruled that individuals in later lawsuits need only prove causation and damages specific to their case. They do not have to retry the issue of whether tobacco companies are liable on issues such as misrepresenting the health effects of smoking and producing a defective product.