Mealey's Tobacco
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December 05, 2022
High Court Won’t Hear Cigar Maker’s Jurisdictional Challenge To Rival’s Appeal
WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 5 denied a cigar maker’s petition for a writ of certiorari seeking review of whether the Ninth Circuit U.S. Court of Appeals properly heard a rival cigarillo maker and its parent company’s appeal challenging the vacatur of a $44 million verdict in their favor after they voluntarily dismissed their own claims.
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December 05, 2022
Panel Reverses $3M Verdict To Dead Smoker’s Daughter For Lack Of Evidence
TALLAHASSEE, Fla. — A Florida appellate panel reversed a jury’s nearly $3 million compensatory damages verdict in an Engle trial after finding that the court erred by not granting a tobacco company’s motion for directed verdict, writing that “the jury was left to speculate” after the smoker’s estate failed to present evidence of causation for his chronic obstructive pulmonary disease (COPD).
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December 05, 2022
Panel: Philip Morris Can’t Get New Trial After Mistrial In Punitive Phase
MIAMI — A Florida appellate panel affirmed a trial court’s denial of a tobacco company’s motion for a new trial on liability and compensatory damages that it filed after the jury awarded a smoker’s estate more than $5.5 million but deadlocked on the issue of punitive damages, ruling that the court did not abuse its discretion.
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December 02, 2022
Judge Dismisses Complaint By Smoker Who Allegedly Just Learned Of Health Risks
ANDERSON, S.C. — A South Carolina federal judge has dismissed a pro se inmate’s lawsuit against two tobacco companies for failure to state a claim, in which the inmate claimed that he suffered health issues from smoking and was not aware of the risks of smoking until he saw a report on the risks of menthol cigarettes on the CBS news in April.
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December 01, 2022
Defectively Designed Lucky Strikes Caused Smoker’s Cancer And Death, Jury Told
SANTA FE, N.M. — An attorney for the daughter of a late smoker told a New Mexico jury during opening arguments that a tobacco company caused the smoker’s slow and painful death from laryngeal cancer by defectively designing its cigarettes to be too addictive and too easily inhalable, while the company’s attorney said the smoker chose to smoke. VIDEO FROM THE TRIAL IS AVAILABLE.
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December 01, 2022
Judge Finds Battery Maker Not Liable For Fatal Ship Fire Sparked By E-Cigarette
NEW ORLEANS— A Louisiana federal judge on Nov. 30 dismissed as moot the remaining motions relating to a Korean battery-maker and its U.S. subsidiary, one day after dismissing for lack of jurisdiction claims against them relating to the sale of a battery that caused an e-cigarette to explode on a tugboat, sparking a fire that killed one crew member and injured another.
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November 30, 2022
Supreme Court Urged To Enjoin California’s Flavored Tobacco Ban
WASHINGTON, D.C. — Tobacco companies and a retailers’ association on Nov. 29 filed an emergency application to U.S. Supreme Court Justice Elena Kagan as justice for the Ninth Circuit U.S. Court of Appeals, asking for a writ of injunction barring California from enacting a statewide ban of flavored tobacco product sales while they seek to challenge the Ninth Circuit’s binding precedent upholding a similar ban that they say was wrongly decided (R.J. Reynolds Tobacco Company, et al. v. Robert Bonta, et al., No. 22A474, U.S. Sup.).
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November 29, 2022
L.A. Seeks Extension After High Court Requests Response In Flavored Tobacco Fight
WASHINGTON, D.C. — Los Angeles County and its Board of Supervisors on Nov. 28 asked the U.S. Supreme Court to grant it a one-month extension to file its response to three tobacco companies’ petition for a writ of certiorari challenging a Ninth Circuit U.S. Court of Appeals split panel’s affirmance of L.A.’s ban on flavored tobacco products after the high court requested a response.
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November 28, 2022
Florida Supreme Court Disposes Of Appeals Involving Split Over Engle Fraud Claims
TALLAHASSEE, Fla. — The Florida Supreme Court on Nov. 23 disposed of four pending petitions involving Engle cases, applying its recent holding that Engle plaintiffs must prove individualized detrimental reliance to prevail on fraud claims, which was previously the subject of a split between state appellate courts.
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November 22, 2022
Synthetic Nicotine Sellers Say Government Illegally Refused To Accept 12 Bundled PMTAs
TYLER, Texas — A distributor and a retailer of synthetic nicotine products jointly sued government agencies and officials for refusing to accept 12 bundled Premarket Tobacco Product Applications (PMTAs) the distributor filed, asserting that that the refusal violates the Administrative Procedure Act (APA) and asking the court to stay the refusal to accept (RTA) order.
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November 22, 2022
Tobacco Companies Seek 9th Circuit Affirmance In California Flavor Ban Fight
SAN DIEGO — Tobacco companies and a retailers’ association suing to block California’s statewide ban of flavored tobacco product sales are asking the Ninth Circuit U.S. Court of Appeals to promptly affirm a California federal court’s denial of their motion for an injunction of the state’s ban so that they “can promptly seek review in the Supreme Court,” citing binding circuit precedent.
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November 22, 2022
Judge Dismisses Claims Against Korean Battery Maker For Burns From E-Cig Explosion
NORFOLK, Va. — A Virginia federal judge dismissed a man’s claims against a South Korea-based battery maker for manufacturing the lithium-ion batteries that allegedly exploded in his e-cigarette device, causing severe burns to his leg, after finding that the plaintiff failed to establish the court’s jurisdiction over the battery-maker.
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November 15, 2022
Tobacco Companies, California Ask For Denial In Flavor Ban Suit To Allow Appeal
SAN DIEGO — Tobacco companies and a retailers’ association on Nov. 14 filed a joint motion with the California attorney general and San Diego County district attorney asking a California federal court to enter an order denying the tobacco companies’ motion for a preliminary injunction so they may immediately appeal a statewide ban of sales of flavored tobacco products to the Ninth Circuit U.S. Court of Appeals.
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November 15, 2022
Amici Urge High Court To Strike Down Flavored Tobacco Ban; L.A. Waives Response
WASHINGTON, D.C. — A nonprofit public interest firm, an e-cigarette industry association and a group of e-cigarette businesses and trade association on Nov. 14 filed amicus curiae briefs in support of three tobacco companies’ petition for a writ of certiorari challenging a split Ninth Circuit U.S. Court of Appeals panel’s affirmance of Los Angeles County’s ban on flavored tobacco products after the county waived its right to respond.
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November 10, 2022
Tobacco Companies Sue After California Voters Approve Statewide Flavor Ban
SAN DIEGO — Tobacco companies and a retailers’ association on Nov. 9 sued California’s attorney general and San Diego County’s district attorney for an injunction barring enforcement of a statewide ban of sales of flavored tobacco products after voters passed Proposition 31 the day before, arguing that the ban is preempted by federal law.
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November 09, 2022
Role Of Cigarette Use, Addiction In Asbestos Trial At Issue In Briefs
PHILADELPHIA — A lung cancer victim’s tobacco use, awareness of warnings and potential addiction to nicotine were focal points of recent briefing on an upcoming trial in a federal asbestos case in Pennsylvania alleging exposure in the Navy.
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November 07, 2022
FTC Counsel Says Altria Exit From Juul Noncompete Doesn’t Moot Antitrust Claims
WASHINGTON, D.C. — Counsel for the Federal Trade Commission argue in a recent response brief that tobacco company Altria Group Inc.’s recent withdrawal from a noncompete agreement with e-cigarette maker Juul Labs Inc. (JLI) after Altria’s $12.8 billion investment in JLI dwindled to 3% of its original value is irrelevant to a pending administrative appeal of the dismissal of the FTC’s antitrust claims against the companies.
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November 04, 2022
R.J. Reynolds Seeks New Trial After $95M E-Cigarette Patent Infringement Verdict
GREENSBORO, N.C. — R.J. Reynolds Vapor Co. (RJR) is asking a North Carolina federal court for a new trial, remittitur or to issue judgment as a matter of law (JMOL) in its favor after a jury ordered it to pay more than $95 million to Altria Client Services LLC for infringing three of Altria’s patents for pod-based vape technology, including with RJR’s Vuse Alto e-cigarette.
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November 04, 2022
Judge Denies Summary Judgment In Nicotine Pouch Makers’ Trade Secrets Dispute
LOS ANGELES — A California federal judge denied a motion for summary judgment filed in a trade secrets dispute between Swedish and American companies involved in manufacturing and selling nicotine pouches, concluding that the claims are not time-barred and that material facts in dispute preclude summary judgment.
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November 03, 2022
Tobacco Companies Invite Amicus Briefs In High Court Challenge To L.A. Flavor Ban
WASHINGTON, D.C. — Three tobacco companies recently filed a blanket consent to the filing of amicus curiae briefs in their pending U.S. Supreme Court petition for a writ of certiorari seeking review of a split Ninth Circuit U.S. Court of Appeals panel’s affirmance of the dismissal of their challenge to a ban on flavored tobacco products enacted by Los Angeles County, which they say conflicts with high court precedent.
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November 03, 2022
Oregon County Appeals Order Blocking Its Flavored Tobacco Ban As Preempted
SALEM, Ore. — An Oregon county is appealing to the Oregon Court of Appeals after a state court judge blocked its countywide ban on sales of flavored tobacco and nicotine products that the judge found preempted by a state law under which only a state agency is authorized to prohibit sales by licensed tobacco stores.
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November 03, 2022
$117M Settlement Of Altria Shareholders’ Claims Gets Judge’s Preliminary Approval
RICHMOND, Va. — Two months after rejecting an earlier proposed settlement for the same dollar amount as “inadequate,” a Virginia federal judge granted an unopposed motion for preliminary approval of a $117 million settlement filed by shareholders in tobacco company Altria Group Inc. to resolve derivative claims that certain Altria officers and directors breached their fiduciary duty by orchestrating a $12.8 billion investment into Juul Labs Inc. (JLI).
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November 01, 2022
North Carolina Judge Dismisses AG’s Suit Against Juul Execs
DURHAM, N.C. — A North Carolina judge dismissed for lack of personal jurisdiction a lawsuit filed by the state attorney general accusing Juul Labs Inc. (JLI) co-founders Adam Bowen and James Monsees and three board members of directing the company’s strategy to illegally market its products to youths after finding that the claims are not based on any defendants’ activities in or targeted at the state.
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November 01, 2022
Jury Returns Defense Verdict In Smoker’s Widow’s Suit Against Tobacco Companies
MIAMI — A Florida jury rejected all claims brought in an Engle lawsuit by the widow of a dead smoker who immigrated from Cuba at age 37 and operated a grocery store in Miami, after tobacco companies argued at trial that the smoker’s addiction to cigarettes was developed while he lived in Cuba and wasn’t influenced by any tobacco company statements or advertisements.
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November 01, 2022
Tobacco Companies Move To Set Aside Verdict For Smoker’s Daughter
MIAMI — Two tobacco companies moved in Florida state court to set aside a $2.2 million verdict for compensatory damages issued in an Engle trial in favor of the daughter of a dead smoker, issued by a jury that found the smoker 75% at fault for his own death and divided the remaining fault three ways, arguing that federal conflict preemption and federal labeling regulations preempt her claims.