Big Tobacco May Find the Florida Climate Much Too Hot
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Last year, the Florida Supreme Court appeared to have done Big Tobacco a favor iwhen it ruled that the $145 billion punitive damage verdict would have to be vacated and the "Engle Class" would have to be disbanded. Ruling that plaintiffs would have to proceed in individual trials against Big Tobacco. In fact, many on Wall Street saw it as a a huge victory for Big Tobacco.
So, did Big Tobacco really win? Let's say they won the battle, but the war is only beginning. This situation may well be a "beware of what you wish for my friend, for surely you shall receive it" for Big Tobacco. Big Tobacco's scorched earth defense is well known and has left many a bloodied plaintiff in its wake; but, as we say down here in Florida, "we don't care how you did it up north"!
For the first time, Big Tobacco will face thousands of plaintiff's and many of the toughest trial attorneys in the country, all launching multiple assaults, all at the same time. Also, in Engle, the Supreme Court may have done the worst possible thing for Big Tobacco when they set forth the conclusions they did. Once again, for the first time, Big tobacco may very well hear the trial judges tell the jury that, as a matter of law, you should assume that the plaintiff's injuries are the result of smoking cigarettes.
The juries that Big Tobacco will be appealing to are unlikely to be all that different than the Engle jury. When interviewed, the foreman for the Engle jury, an assistant principal of an elementary school, said, "For them, Big Tobacco, this trial was all about money. For us, it was all about people's lives." The foreman went on to state that the jury had a message to send to Big Tobacco and it was that the good citizens of Florida will not "tolerate fraud and misrepresentation".
My bet is that even Joe Camel is going to find Florida a very hot place to be.