Philip Morris USA Inc. v. Cohen
102 So. 3d 11
| Fla. Dist. Ct. App. | 2012Background
- In an Engle-progeny case, PM USA and RJR appeal final judgments after jury verdicts awarding Cohen $10 million in non-economic damages and $10 million in punitive damages per defendant, with Nathan Cohen’s estate liability apportioned 1/3 to each defendant.
- The trial court entered final judgments against each appellant for $13,338,338 after applying apportionment and post-trial motions.
- Engle class status determined in Phase I; Phase II addressed legal causation, comparative fault, compensatory damages, and punitive damages.
- Robin Cohen testified about Nathan’s reliance on tobacco-industry assurances and his attempts to quit smoking before COPD and lung cancer diagnoses.
- The trial court instructed the jury that Engle findings bound the parties to negligence, defective cigarettes, concealment, and concealment agreements; a requested causation instruction excluding pre-1982 conduct was denied.
- The court found the punitive damages issue hinged on a statute of repose issue tied to post-May 5, 1982 conduct for fraudulent concealment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Use of Engle findings and due process | Cohen | PM USA/RJR | No reversible error on due process grounds for Engle findings use |
| Proof of legal causation and jury instruction on causation | Cohen | PM USA/RJR | No reversible error on causation claim; jury properly considered facts |
| Fraudulent concealment instruction | Cohen | PM USA/RJR | Error in not instructing statute of repose with concealment claim |
| Remittitur for non-economic damages | Cohen | PM USA/RJR | Remittitur denied; award not obviously excessive under standards |
| Punitive damages and due process | Cohen | PM USA/RJR | Punitive awards reversed and remanded for entitlement under statute of repose; amounts approved |
Key Cases Cited
- R.J. Reynolds Tobacco Co. v. Brown, 70 So.3d 707 (Fla. 4th DCA 2011) (Engle progeny; standard for Engle-related issues)
- Townsend v. R.J. Reynolds Tobacco Co., 90 So.3d 307 (Fla. 1st DCA 2012) (punitive-damages ratio framework; Gore analysis)
- Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) (Engle class effects and punitive-damages considerations)
- State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (U.S. 2003) (guideposts for punitive-damages ratio and due process)
- BMW of North America, Inc. v. Gore, 517 U.S. 559 (U.S. 1996) (three Gore guideposts for punitive damages)
- Philip Morris USA v. Williams, 549 U.S. 346 (U.S. 2007) (due process limitations on punishing nonparties; harm to others evidence)
- Purvis v. Inter-County Tel. & Tel. Co., 173 So.2d 679 (Fla. 1965) (remittitur and avoidance of prejudice in retrial decisions)
- Martin v. Townsend, 53 So.3d 1060 (Fla. 1st DCA 2010) (reliance, Engle-related punitive-damages reasoning)