A Florida appeals court overturned a USD 16.8 million (EUR 12.9 million) award, including USD 10.8 million in punitive damages against RJ Reynolds Tobacco Co and Philip Morris USA, saying a lower court incorrectly applied Engle class-action criteria, court documents show.
The lower court judgement “reflects a critical misunderstanding” of guidelines issued by the state supreme court when it threw out a landmark class-action suit bearing the name of deceased Florida smoker Howard Engle, said the First Court of Appeal. The lower court misunderstanding resulted in fundamentally flawed instructions to the jury, the appeals court said.
Engle guidelines allow individuals to make use of class-action findings when filing individual claims against tobacco companies.
(Philip Morris USA Inc & RJ Reynolds Tobacco Co v. Andy R. Allen Sr., 1D11-6061). (ci)