R.J. Reynolds wins jury verdict in federal Deshaies ''Engle progeny'' lawsuit
Clients R. J. Reynolds Tobacco Company
On February 3, 2014, following six days of trial and approximately 90 minutes of deliberation, a jury in Tampa, Florida returned a verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a personal injury action finding that the smoker was not an Engle class member.
The plaintiff in the Deshaies case was an 81 year old former smoker of cigarettes manufactured by R.J. Reynolds and was represented by the law firm of Lieff, Cabraser, Heimann & Bernstein. The plaintiff asserted claims for strict liability, negligence, fraudulent concealment, conspiracy, and punitive damages. The plaintiff argued that he was a member of the class decertified by the Florida Supreme Court in Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), and that he was therefore entitled to the benefit of certain generalized findings made by the jury in the course of the Engle class action trial in 1999. The jury returned a complete defense verdict for R.J. Reynolds, finding that the plaintiff (who has chronic obstructive pulmonary disease) was not addicted to cigarettes containing nicotine, and as a result, the plaintiff did not qualify as a member of the Engle class.
The Jones Day trial team was lead by Atlanta partner David Monde and Cleveland partner Dennis Murphy, with assistance from Counsel Paul Reichert (DC) and associates Christopher Thatch (DC), Jenn Weizenecker (ATL) and Caitlin Shetter (ATL).
Deshaies v. R.J. Reynolds Tobacco Co., No. 3:09-cv-11080 (M.D. Fla., Tampa Div.)