Tobacco Litigation for Florida Residents

On July 6, 2006, the Florida Supreme Court ruled that Florida residents who sustained injuries after May of 1990 and before November 21, 1996, caused by cigarette smoking had until January 10, 2008, to file individual lawsuits against the tobacco companies. Although the ruling in Engle v Liggett Group, Inc. served to de-certify the current Engle class action suit against Big Tobacco, it also cleared the way for individual plaintiffs to make a claim. The Florida Supreme Court’s findings means that certain liability issues cannot be disputed or denied by the tobacco companies for individual lawsuits filed before January 10, 2008. Significant Supreme Court findings on July 6, 2006, indicate:

(1.) Cigarette smoking causes:

aortic aneurysm

bladder cancer

cerebrovascular disease

cervical cancer

chronic obstructive pulmonary disease (COPD)

esophageal cancer

kidney cancer

laryngeal cancer

lung cancer (specifically adenocarcinoma, large cell carcinoma, small cell carcinoma, and squamous cell carcinoma

oral cavity/tongue cancer

pancreatic cancer

pregnancy complications

peripheral vascular disease

pharyngeal cancer

stomach cancer

(2.) Nicotine in cigarettes is addictive.

(3.) Tobacco companies placed cigarettes on the market that were defective and unreasonably dangerous.

(4.) Tobacco companies failed to disclose material facts concerning the health effects or addictive nature of smoking cigarettes.

If you or a family member was a Florida resident and suffered from an illness caused by cigarettes prior to November 1996, you only had until January 10, 2008, to file an individual lawsuit against the tobacco companies. Former Engle class members are also eligible to receive a share in a trust fund of approximately $600 million if you (or your decedent) have suffered, presently suffer, or have died from any of the tobacco-related medical diseases or medical conditions listed above. The disease or medical condition must have been first diagnosed or first manifested itself on or before November 21, 1996. Qualifying Engle class members must register no later than June 16, 2008, to be eligible to receive a share of the Engle Trust Fund. Registration does not assure qualification to share in the Engle Trust Fund. You will be required to submit significant medical documentation to support your claim.

Please contact Alley, Clark, Greiwe & Fulmer immediately for more information regarding the important June 16, 2008, deadline.

Tobacco Resources: