The U.S. Court of Appeals for the Eleventh Circuit issued a 284-page en banc opinion Thursday saying that smokers who won a class action against tobacco companies can also file individual lawsuits.
The judges had some fireworks. Three wrote dissents. One called the process a “chaotic poker game” and said judges should “stick to our day jobs” instead of advocating for plaintiffs.
In the end, the judges upheld the lower court decision in favor of Theresa Graham against R.J. Reynolds Tobacco Co. and its affiliates. Judge William Pryor wrote the majority opinion.
“This appeal presents the questions whether due process forbids giving a jury’s findings of negligence and strict liability in a class action against cigarette manufacturers preclusive effect in a later individual suit by a class member and, if not, whether federal law pre-empts the jury’s findings,” Pryor began.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Friday, May 19, 2017
Who could read all of this?
The 11th Circuit issued 284 pages of en banc opinions in the smoking cases, including Tjoflat's 225+ page (!!) dissent. I couldn't bear to read it all, but the Daily Report has this initial summary:
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2 comments:
The real job being advocating for civil defendants and prosecutors?
Oddly, Judge Tjoflat refers to the Walker opinions as Walker 0, Walker I, and Walker II. Not sure I've ever seen a case numbered 0 before.
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