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Archived Cases

The following cases have either been completed or dismissed. View the final status and the associated press releases of each case.


Allen Case

  • Verdict: On February 28, 2003, the jury returned a verdict in favor of the defendant.
  • Trial Court: Circuit Court for the 11th Judicial District, Miami-Dade County, FL
  • Type of Case: Individual
  • Overview: This was the first individual smoking case to be tried in Miami, FL, consisting of claims that were not included in the Engle class action.

 

Arnitz Case

  • Status: On July 21, 2006, the Florida Second District Court of Appeals affirmed the jury's verdict.  Philip Morris USA paid its portion of the judgment.
  • Overview: This was a Florida individual smoking and health case brought by Ronald Arnitz, who claims that as a result of his smoking he developed lung cancer and emphysema.  On October 21, 2004, the jury returned a verdict in favor of the plaintiff.  The jury awarded a total of $600,000, for which Philip Morris USA was responsible for 40%, and the plaintiff was responsible for 60%, thereby reducing the award to $240,000.  Philip Morris USA was the only defendant. 

 

Beckum Case

  • Verdict: On April 29, 2005, the jury returned a unanimous verdict in favor of Philip Morris USA. 
  • Trial Court: Circuit Court, Hillsborough County, Tampa, FL
  • Type of Case: Individual
  • Overview: This was an individual smoking and health case brought by Glenn Beckum, who claimed that as a result of his smoking he suffers from lung cancer.  The plaintiff did not seek punitive damages.  Philip Morris USA was the only defendant in this case.

 

Blankenship Case

  • Verdict: The jury returned a verdict in favor of the defendants on November 14, 2001, which was upheld by the West Virginia Supreme Court on May 6, 2004.

  • Trial Court: Circuit Court, Ohio County, Wheeling, WV

  • Type of Case: Medical Monitoring

  • Overview: This case was filed in 1997 and was the first medical-monitoring case against the tobacco industry to be tried.

 

Boeken Case

  • Verdict: On June 6, 2001, the jury awarded the plaintiff $5.5 million in compensatory damages and $3 billion in punitive damages, later reduced to $100 million.  On Sepember 21, 2004, the California Court of Appeal reduced the punitive damages to $50 million.  On April 1, 2005, the California Court of Appeal issued a new opinion which affirmed the trial court's judgment in all respects, except as to the amount of punitive damages, which it again reduced to $50 million.  On August 10, 2005, the California Supreme Court denied both Philip Morris USA's and the plaintiff's respective petitions for review by the California Supreme Court.  On November 8, 2005, Philip Morris USA and the plaintiff each filed petitions to the U.S. Supreme Court for writs of certiorari.  On March 20, 2006, the U.S. Supreme Court denied each party's petition.  Following denial, Philip Morris USA paid the judgment to the plaintiff.

  • Trial Court: California State Court

  • Type of Case: Individual

 

Blue Cross/Blue Shield Case

  • Verdict: On February 2, 2005, the District Court entered a joint Stipulation of Dismissal and Order for Judgment in Defendant's favor, thereby terminating the case.
  • Trial Court: United States District Court, Eastern District of New York 
  • Type of Case: Medical Reimbursement
  • Overview: This was a reimbursement suit in which Empire Health Plan of New York sought billions of dollars in compensation for money they allegedly spent to provide medical treatment to injured smokers.  The jury rejected the vast majority of this claim but awarded the plaintiff approximately $17 million.

 

Carter Case

  • Verdict: On January 27, 2003, the jury returned a verdict in favor of Philip Morris USA on all counts.  On April 5, 2004 the Pennsylvania Superior Court affirmed the jury verdict in favor of Philip Morris USA.
  • Trial Court: Superior Court, Philadelphia County, Pennsylvania
  • Type of Case: Individual
  • Overview: This was the first Pennsylvania individual smoking and health case to go to trial against Philip Morris USA. 

 

Cook County Case

  • Verdict: On September 28, 2004, the Illinois Court of Appeal affirmed the trial court's December 8, 1998 decision dismissing this case.  On November 2, 2004, Cook County filed a petition for leave to appeal with the Illinois Supreme Court.  In January 2005, the Illinois Supreme Court denied the County's petition for leave to appeal the case. 
  • Trial Court: Circuit Court of Cook County, Illinois 
  • Type of case: Medical Reimbursement
  • Overview: This is a reimbursement case filed by Cook County seeking to recover monies allegedly paid for medical treatment to injured smokers.  The case was dismissed at the trial level and Cook County has appealed.   

 

Coolidge Case

  • Verdict: On April 21, 2005,  the jury returned a unanimous verdict in favor of Philip Morris USA.  The jury found that the plaintiff failed to prove that his illness was caused by smoking. 
  • Trial Court: California Superior Court, Riverside County, California
  • Type of Case: Individual
  • Overview: This was a California individual smoking and health case brought by Bruce Coolidge, who claimed that as a result of his smoking he developed lung cancer.  Philip Morris USA was the only defendant. 

 

Eastman Case

  • Verdict: On April 3, 2003, the jury returned a verdict in favor of the plaintiff.  The judgment holds Philip Morris USA liable for approximately $2.6 million, plus interest.  The jury rejected punitive damages.  On October 14, 2004, a Florida appellate court denied defendants' motion for a written opinion and rehearing. Because this ruling is not subject to review by the Florida Supreme Court, Philip Morris USA paid its portion of the judgment on October 29, 2004. 
  • Trial Court: Circuit Court, Pinellas County, St. Petersburg, Florida 
  • Type of Case: Individual
  • Overview: This case was the second smoking and health trial in Pinellas County on Florida's west coast.  The plaintiff sued Philip Morris USA and Brown & Williamson, claiming they were responsible for his emphysema and aortic aneurysm.  

 

French Case

  • Verdict: On June 18, 2002, the jury returned a verdict in favor of the plantiff.  The initial award of $5,500,000 in compensatory damages was reduced by the trial court to $500,000.  On December 22, 2004, the Florida Third District Court of Appeal upheld the verdict.  Following denial, Philip Morris USA paid its portion of the judgment.
  • Trial Court: Circuit Court for the 11th Judicial District, Miami-Dade County, FL
  • Type of Case: Broin II individual
  • Overview: Defendant sought review by the Florida Supreme Court of the appellate court's decision.  On November 28, 2005, the Florida Supreme Court denied Defendant's petition for review.  This case was brought against Philip Morris USA and other major cigarette manufacturers by a flight attendant who was a member of the Broin class action.

 

Henley Case

  • Verdict: On October 27, 2004, the U.S. Supreme Court granted Philip Morris USA's stay application.  Philip Morris USA's petition for certiorari was filed on December 14, 2004.  Plaintiff's response to Philip Morris USA's petition for certiorari, along with an amicus brief submitted by the U.S. Chamber of Commerce in support of Philip Morris USA's position, was filed on February 17, 2005.  On March 21, 2005, the United States Supreme Court denied Philip Morris USA's petition for a writ of certiorari.  Following denial, Philip Morris USA paid the judgment to the plaintiff. 
  • Trial Court: California Superior Court, San Francisco County, California 
  • Type of Case: Individual   
  • Overview: Henley was the first California case in which a smoker recovered a verdict against a cigarette manufacturer.  On February 16, 1999, the jury awarded Ms. Henley $1.5 million in compensatory damages and $50 million in punitive damages, which was reduced subsequently by the trial court to $25 million.  On appeal, the California Court of Appeal initially affirmed the judgment in its entirety; however, following the United States Supreme Court opinion in State Farm relating to punitive damages, the California Court of Appeal vacated the $25 million punitive damage award and ordered that Philip Morris USA should be granted a new trial on punitive damages unless the plaintiff agrees to accept a reduction of the punitive damage award to $9 million.  Plaintiff accepted the reduced punitive damages award.

 

Inzerilla Case

  • Verdict: On February 20, 2003 a verdict was reached in favor of the defendant.
  • Trial Court: New York State Supreme Court, Queens County, NY
  • Type of Case: Individual
  • Overview: The plaintiff, Peter Inzerilla sought damages for the death of his wife in August 1994.

 

Janoff Case

  • Verdict: On September 5, 2002, the jury returned a verdict in favor of the defendants.  On October 27, 2004, the Florida Third District Court of Appeal granted the plaintiff's motion for a new trial.  Defendants' petition for review was denied by the Florida Supreme Court on November 1, 2005.
  • Trial Court: Circuit Court for the 11th Judicial District, Miami-Dade County, FL
  • Type of Case: Broin II individual
  • Overview: This case was brought against Philip Morris USA and other cigarette manufacturers by a flight attendant who was a member of the Broin class action.

 

Longden Case

  • Verdict: On November 24, 2003, the jury returned a verdict in favor of the defendants. 
  • Trial Court: Superior Court, Northern District, Hillsborough County, NH
  • Type of Case: Individual
  • Overview: This was a wrongful death case brought by Sheila Longden, wife of Julien Longden, who allegedly died from lung cancer in August, 1998.  Mrs. Longden claimed that Julien Longden's cancer and subsequent death were caused by years of smoking cigarettes manufactured by Philip Morris USA.  Liggett Group was also a defendant in this case.

 

Lucier Case

  • Verdict: On February 7, 2003, a verdict was reached in favor of the defendant.
  • Trial Court: California Superior Court, Sacramento, CA
  • Type of Case: Individual
  • Overview: This was the first California smoking and health trial outside Los Angeles and San Francisco.

 

Menchini Case

  • Court: Circuit Court for the 11th Judicial District, Miami-Dade County, FL
  • Type of Case: Broin II Individual
  • Trial Start Date: November 2, 2007
  • Status: On November 16, 2007, the jury returned a verdict in favor of the defendants.
  • Overview: This wrongful death case was brought against Philip Morris USA and other major cigarette manufacturers by Gloria Menchini, personal representative of Annette Menchini's estate.  Annette Menchini was a former flight attendant, who was a member of the Broin class action.  Gloria Menchini, the decedent’s mother, alleges that as a result of exposure to ETS in airline cabins, her daughter developed lung cancer.

 

Minnesota Group Health Case

  • Verdict: On September 16, 2003, the Court upheld the dismissal of all damage claims and plaintiff subsequently voluntarily dismissed the case.
  • Trial Court: Minnesota District Court, Ramsey County, MN
  • Type of Case: Medical Reimbursement
  • Overview: This was a reimbursement suit filed by an insurer seeking to recover monies allegedly paid for medical treatment to injured smokers.  The case was dismissed by the Minnesota district court.  The plaintiffs appealed the dismissal of their claims to the United States Court of Appeals for the Eighth Circuit.

 

Perry Case

  • Verdict: On April 8, 2003, the court affirmed the dismissal of this case.
  • Trial Court: Circuit Court for Coffee County, Tennessee
  • Type of Case: Class action
  • Overview: This was a class action consisting of Tennessee residents who paid medical insurance premiums to a Blue Cross and Blue Shield entity.  The plaintiffs appealed the order from the U.S. District Court that granted the defendants' motion to dismiss the complaint for failure to state a claim.

 

Price Case

  • Verdict: On December 18, 2006, the trial court entered judgment in favor of Philip Morris USA and dismissed the case.
  • Trial Court: Illlinois Supreme Court
  • Type of Case: Class Action
  • Overview: This was a class action suit filed against Philip Morris USA Inc. in Madison County, Illinois. The plaintiffs alleged that Philip Morris USA had defrauded "Lights" smokers by suggesting to them Marlboro Lights and Cambridge Lights were actually less hazardous than their full-flavor brands, and the trial court had assessed compensatory and punitive damages totaling $10.1 billion against Philip Morris USA. On December 15, 2005, the Illinois Supreme Court reversed the trial court's judgment. On November 27, 2006, the United States Supreme Court denied plaintiffs' petition for certiorari.

 

Reller Case

  • Verdict: On March 4, 2005, the jury returned a verdict in favor of Philip Morris USA. 
  • Trial Court: California Superior Court, Los Angeles, California
  • Type of Case: Individual
  • Overview: In the original trial of this case, the jury returned a verdict in favor of Philip Morris USA, on July 31, 2003, on all but one claim, fraudulent concealment, on which they deadlocked.  The re-trial of the fraudulent concealment claim began on January 11, 2005.  Philip Morris USA was the only defendant in this individual California case. 

 

Routh Case

  • Verdict: On October 14, 2003, the jury returned a verdict in favor of the defendants.
  • Trial Court: Circuit Court for the 11th Judicial District, Miami-Dade County, FL 
  • Type of Case: Broin II individual
  • Overview: This case was brought against Philip Morris USA and other major cigarette manufacturers by a flight attendant who is a member of the Broin class action.

 

Seal Case

  • Verdict: On February 7, 2003, the jury returned a verdict in favor of the defendants.
  • Trial Court: Circuit Court for the 11th Judicial District, Miami-Dade County, FL
  • Type of Case: Broin II individual
  • Overview: This case was brought against Philip Morris USA and other major cigarette manufacturers by a flight attendant who is a member of the Broin class action.

 

Simon II Case

  • Verdict: On March 20, 2006, this case was dismissed by judgment of dismissal.
  • Trial Court: United States District Court for the Eastern District of New York
  • Type of Case: Class Action
  • Overview: On May 6, 2005, the United States Court of Appeals for the Second Circuit decertified the class and remanded the case for further proceedings to the United States District Court for the Eastern District of New York.  This was a nationwide class action certified by Judge Jack Weinstein in New York to recover punitive damages for sick or deceased smokers.  Class certification was granted in September, 2002. 

 

Swaty Case

  • Verdict: On May 3, 2005, the jury returned a verdict in favor of the defendants. 
  • Trial Court: Circuit Court for the 11th Judicial District, Miami-Dade County, FL
  • Type of Case: Broin II individual
  • Overview: This case was brought against Philip Morris USA and other major cigarette manufacturers by Lorraine Swaty, a former flight attendant, who was a member of the Broin  class action.  Ms. Swaty claimed that she has suffered in the past and continues to suffer from chronic sinusitis and asthma.

 

Thompson Case

  • Verdict: On December 19, 2006, the Missouri Supreme Court declined review of the trial court judgment awarding compensatory damages to the plaintiff.  In January 2007, Philip Morris USA paid its portion of the judgment in the amount of approximately $1 million.
  • Trial Court: Missouri Court of Appeals for the Western District, Kansas City, MO
  • Type of Case: Individual
  • Overview: On November 4, 2003, the jury returned a split verdict, awarding approximately $1.6 million in compensatory damages to the plaintiff and $500,000 in damages to his wife.  The jury determined that Philip Morris USA was 40% at fault ($800,000), Brown & Williamson 10%, and the plaintiff 50%.  This was a personal injury case brought by Michael Thompson, who claimed that his laryngeal cancer was caused by more than 30 years of smoking cigarettes manufactured by the defendants.  Brown & Williamson was also a defendant in this case.

 

VanDenBurg Case

  • Verdict: On February 22, 2006, the jury returned a verdict in favor of the defendants.
  • Trial Court: Missouri Circuit Court, Independence, Missouri.
  • Type of Case: Individual
  • Overview: This was a Missouri individual case brought by William VanDenBurg, who claimed that as a result of his smoking he developed lung cancer. R.J. Reynolds, Brown & Williamson, and Liggett were also defendants in this case.

 

Welch Case

  • Verdict: On June 17, 2003, the jury returned a unanimous defense verdict.
  • Trial Court: Circuit Court, Jackson County, Independence, MO
  • Type of Case: Individual
  • Overview: This was a personal injury case brought by Linda Welch, who alleged she contracted lung cancer as a result of smoking cigarettes. Philip Morris USA, Brown & Williamson, and R.J. Reynolds were the cigarette manufacturer defendants in this matter.


   
 
 
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