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Theresa Graham v. R.J. Reynolds Tobacco Company, et al

  1. January 22, 2016

    11th Circ. Scraps Engle Preemption Ruling, To Rehear Case

    The Eleventh Circuit on Thursday vacated a panel's April 2015 ruling that said a Florida man could not rely on the findings of the landmark Engle tobacco class action to establish claims of strict liability and negligence, granting a rehearing by the full federal appeals court.

  2. July 22, 2015

    Fla. District Court Braces For Possible Engle Retrials

    A federal judge on Tuesday outlined how Florida's Middle District will handle certain Engle progeny cases that were tried to a verdict and will need to be retried in the event that the Eleventh Circuit stands firm in its decision that federal law preempts tort liability against tobacco companies.

  3. May 06, 2015

    Engle Firms Urge 11th Circ. To Rethink Preemption Ruling

    Law firms representing tobacco plaintiffs in Florida state court asked the Eleventh Circuit to review its decision that strict liability and negligence claims are preempted in an Engle-progeny suit, saying the court mistakenly considered states' authority to ban cigarettes even though the issue didn't apply to the case. 

  4. April 30, 2015

    Engle Plaintiff Asks Full 11th Circ. Panel To Mull Preemption

    An en banc panel of the Eleventh Circuit should review the appeals court's recent finding that federal law preempts tort liability claims over cigarette smoking because Congress did not seek to ban the sale of cigarettes, a plaintiff in a so-called Engle progeny suit recently argued.

  5. April 08, 2015

    11th Circ. Says Fed. Law Blocks Claims In Engle Progeny Suit

    The Eleventh Circuit on Wednesday reversed a district court's refusal to grant judgment as a matter of law to R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. in an Engle progeny wrongful-death suit, ruling federal law preempts its strict-liability and negligence claims.

  6. November 20, 2014

    Big Tobacco Says Using Engle Findings Violates Federal Law

    R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. on Thursday argued before the Eleventh Circuit that Engle progeny plaintiffs cannot rely on the findings of that landmark suit to establish their strict liability and negligence claims against the tobacco companies because it violates federal law.