The 11th US Circuit Court of Appeals reversed a judgement against cigarette makers RJ Reynolds Tobacco and Philip Morris USA in a ruling that could make it harder for Florida smokers to sue under Engle-progeny rules, Reuters reported.
Throwing out a USD 800,000 (EUR 738,000) award to the widow of a smoker who died of lung cancer in 1993, the appeals court said plaintiffs could not use findings from the Engle v Liggett class-action suit. The Florida Supreme Court in 2006 threw out a USD 145 billion award in that case but said individuals filing suit could make use of the findings to prove cigarettes are defective and tobacco companies were negligent, Reuters said.
Claims alleging tobacco companies conspired to cover up the dangers of smoking would not be affected by the federal court decision, according to Reuters. Most Engle-progeny suits in federal courts were settled in February when tobacco companies agreed to pay USD 100 million. Thousands of cases remain before Florida state courts. (Graham v. R.J. Reynolds Tobacco Co, No. 13-14590)