Victoria Cuneo Powell (Tory)

Partner

Atlanta + 1.404.581.8918

Tory Powell handles complex trial, appellate, and regulatory litigation. Recognized twice by Best Lawyers as "One to Watch in America" for products liability litigation and appellate litigation, her work includes serving on the trial team in the first-in-the-nation trial over a pharmaceutical vaccine for Merck, which resulted in an adjournment at the plaintiff's request with no money paid. Tory argued before the Massachusetts Supreme Judicial Court for R.J. Reynolds Tobacco Company in an appeal involving interpretation of the state's wrongful death statute, securing a unanimous victory that Massachusetts Lawyers Weekly recognized as one of the year's most critical rulings. She has extensive experience defending clients in high-stakes personal injury lawsuits involving allegations of addiction from consumer products, including video games and tobacco products.

Tory draws on her prior experience as one of the State of Georgia's key appellate lawyers to represent businesses in regulatory litigation, including lawsuits challenging rules promulgated by the FDA and state governments. She represents businesses navigating changing political and regulatory environments to achieve deregulatory goals and other business objectives. Tory also advises businesses on litigation risk arising from the evolving regulatory landscape for artificial intelligence (AI).

Tory is a member of the American Law Institute and serves as president of the Atlanta Lawyers Chapter of the Federalist Society. She was appointed by the Eleventh Circuit to serve on the Eleventh Circuit Lawyer Advisory Committee and was previously appointed by the Georgia Supreme Court to serve on the Georgia Supreme Court Task Force on Legal Competency.

Experiencia

  • R.J. Reynolds successfully obtains stay of FDA's graphic warnings ruleThe U.S. District Court for the Eastern District of Texas ruled--in favor of Jones Day clients that include R.J. Reynolds Tobacco Company--that the U.S. Food and Drug Administration's regulation requiring graphic cigarette warning labels likely exceeds the Agency's authority under the Tobacco Control Act.
  • R.J. Reynolds secures Florida Supreme Court victory on fraudulent concealment claimsJones Day successfully represented R.J. Reynolds Tobacco Company before the Florida Supreme Court in an appeal concerning the reliance element of claims for fraudulent concealment and conspiracy to fraudulently conceal in Engle progeny cases.
  • R.J. Reynolds wins complete defense verdict in Massachusetts consumer fraud lawsuitOn March 17, 2022, a judge in Barnstable, Massachusetts issued a ruling that resulted in a complete defense victory for Jones Day client R.J. Reynolds Tobacco Company in a smoking-and-health case.
  • R.J. Reynolds prevails in Florida Supreme Court appeal involving interpretation of punitive damages statuteJones Day successfully represented R.J. Reynolds Tobacco Company before the Florida Supreme Court in an Engle progeny appeal presenting an issue concerning interpretation of Florida's punitive damages statute.
  • R.J. Reynolds wins complete defense verdict in Massachusetts wrongful death lawsuitOn November 17, 2021, following three and a half weeks of trial, a jury in state court in Lowell, Massachusetts returned a complete defense verdict in favor of Jones Day client, R.J. Reynolds Tobacco Company, in a wrongful death case.
  • Amici-professors' arguments adopted in Seventh Circuit en banc decision in First Amendment caseJones Day submitted an amicus brief on behalf of a group of professors in support of the defendants-appellants in an appeal concerning the proper scope of the First Amendment’s ministerial exception.
  • R.J. Reynolds wins affirmance of defense verdict in Engle progeny lawsuitJones Day represented R.J. Reynolds Tobacco Company in an Engle progeny wrongful-death action brought by the estate of deceased smoker Eugene Delancy.
    • February 10, 2021
      Supreme Court Roundup, moderator, Jones Day Atlanta CLE Academy, Atlanta, Georgia