Introduction
related attorneys

The tobacco industry has once again lost an appeal to the U.S. Supreme Court following a major win for plaintiffs, who allege the products are dangerous and responsible for lung disease deaths.
The Supreme Court declined to hear an appeal by R.J. Reynolds Tobacco Co. and Vector Group Ltd.’s Liggett.
Plaintiff product liability attorneys understand this is a huge blow for the industry, as it is continuing to seek limitations on a 2006 Florida Supreme Court decision, holding that a jury’s factual findings against the industry in a class action case would serve as a starting point for individual lawsuits.
Makers of cigarettes say that trial judges in Florida are applying the case law too broadly, thereby depriving the companies of the right to present a fair defense.
The Florida ruling decertified the class action lawsuit that had initially been filed by Dr. Howard Engle, a pediatrician who died after years of smoking. That decision meant that former class members had to file their own individual cases – but they were allowed to do so by outright stating that cigarettes caused their illnesses.
In other words, plaintiffs aren’t required to show that cigarette makers knowingly sold defective and dangerous products. That fact is considered established by the earlier litigation. What the individual plaintiffs must prove is that they were addicted and that their subsequent illness and/or death was caused by cigarettes.
That was a big win for tobacco plaintiffs because it’s not difficult to prove that someone who smoked for 30 years and who died of lung cancer was made ill by the cigarettes.
So far in Florida, some 65 tobacco cases have gone to trial, with awards amounting to more than $300 million. Another 8,000 cases are pending.
In R.J. Reynolds v. Clay, a jury found that Reynolds and Liggett were responsible for the death of a woman who died in 2003 of lung disease, after four decades of smoking. They awarded $20 million.
The Supreme Court’s denial of an appeal means that the lower court’s ruling will stand, which essentially paves the way for additional future tobacco litigation by more plaintiffs. That was exactly what the tobacco companies had hoped to avoid because there is much more at stake than just this one case.
This is actually the second time in eight months that the U.S. Supreme Court has declined to hear an appeal by R.J. Reynolds and other tobacco companies. The previous case actually involved the appeal of four different so-called “Engle-progeny” cases, which had a combined award of $53 million.
Still, tobacco companies have been successful in winning federal Engle-progeny cases – which is why they are fighting so hard to get the Supreme Court to hear their argument. Analysts have speculated that if the high court heard just one case, it would likely side with manufacturers, setting the stage for far fewer tobacco suits.
On the other hand, if the court continues to decline the industry’s requests, the industry will continue to take these multi-million dollar hits. As such, there is talk that the industry may work to settle these cases for several billion dollars, in order to simply be done with them.
But for now, it appears they still have a lot of fight left in them. That’s why having a highly-skilled attorney on your side in these cases is so critically important.
Additional Resources:
Reynolds Rejected by Court on $20 Million Smoker Award, Nov. 26, 2012, By Greg Stohr, Bloomberg News
Featured Articles
our attorneys
Client Experiences
When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
5 Stars!! Berta, I want you to know you have the patience of a saint. It is not easy working with the public. I know firsthand. You take your time to explain so that the person understands what you are saying & if there is a problem you get to the bottom of it and come up with the answer as to why – problem solved. You are professional (very). Thank you for your time & energy you spent with me. Hopefully, management will recognize your work ethics. People like you are hard to find. You are an asset to the law firm.
Wishing you all the Best,
Bernardine Brown
Bernadine B.

5 Stars, I have been a client of The Ferraro law Firm for 24 years and everyone has been very helpful. When I had a question, it was answered promptly and without all the legalese. I would recommend the Ferraro Law Firm and attorney Jose Becerra because the entire team has been caring and professional. For many years, Nestor has been one of the best workers The Ferraro Law Firm has.
Lynn
5 STARS Thank God for the Ferraro Law firm. Every time I call to speak with my Attorney, Marc Kunen, he and his assistants are always helpful and take the time to answer my questions. I highly recommend The Ferraro Law Firm. The Ferraro Law Firm is the mouthpiece for those of us who need help.
Reverend Henry
My father passed away from mesothelioma and The Ferraro Law Firm has been there for me and my family for over 10 years. Our attorney, Aleksandra Sikorska, and Nestor in the settlements department will get the job done and are very kind and compassionate.
Michelle
Free Case Consultation
Our Trial and Appellate Attorneys Are Ready to Fight for You
If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than three decades, and have the resources you need to challenge any opponent!
Free Consultation








Disclaimer: The information on this website and our social media channels is for general purposes only and does not constitute legal advice or create an attorney-client relationship.