The Circuit Court of Appeals in Atlanta rejected an appeal by RJ Reynolds Tobacco seeking to bar use of Engle evidence in federal suits pending in Florida, Bloomberg News reported.
Engle progeny cases, named after deceased Florida smoker Howard Engle, stem from a 2006 ruling by the State Supreme Court that struck down a class-action suit but allowed individual suits against tobacco companies to proceed, and to employ jury findings from the earlier suit to press their claims.
Although the Florida evidence rules may be unusual, there is no evidence that they violated RJ Reynolds Tobacco federal right to due process, U.S. Circuit Judge William Pryor Jr. reportedly said. The case cited by Bloomberg is Walker v. R.J. Reynolds Tobacco Co., 12-13500, U.S. Circuit Court of Appeals for the Eleventh Circuit.