UNITED STATES: High Court Declines to Revisit Engle Ruling

Source from:  TJI 03/19/2013

The Florida Supreme Court struck down an appeal by tobacco companies that damage suits stemming from the court's original Engle ruling violate their due process rights, court documents show.

Tobacco companies, including Philip Morris USA and RJ Reynolds Tobacco Company, had asked for a review of the so-called Engle decision. The Supreme Court in 2006 tossed out a USD 145 billion class-action damage award in a case originally brought by Florida resident Howard Engle, now deceased. However the high court granted individuals the right to pursue damages and to incorporate jury findings on tobacco-company negligence from the original Engle suit into their damage suits. Those subsequent cases are referred to as Engle progeny cases.

Tobacco companies argued allowing plaintiffs use of findings from another trial impinges on their rights as defendants. Tobacco companies based their appeal on a lower court ruling in an Engle progeny suit brought by James Douglas. Declining to revisit the original Engle ruling, the Supreme Court also upheld the lower-court judgement for Douglas. (ci) Enditem