LORRAINE SWATY. Plaintiff,

Similar documents
GAIL R. ROUTH. Plaintiff

PHILIP R. KIMBALL, as Administrator of the Estate of CARLA M. KIMBALL, Deceased, Plaintiff, vs. R.J. REYNOLDS TOBACCO COMPANY, Defendant.

3.3 LJ.2 'i.3. tj q. J 5/.1

There are two clear messages, behind which the entire public health community stands united, to be taken from this groundbreaking new report:

CHANGE IN NICOTINE YIELDS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Global Health History of Tobacco. Dr Douglas Bettcher Director of Tobacco Free Initiative World Health Organization

Institution. Participant Initials

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Neurobiology of Tobacco Dependence

Trends in Smoke Nicotine Yield and. Relationship to Design Characteristics. Among Popular U.S. Cigarette Brands

Raze-On. Tobacco 101

DIGGING INTO TOBACCO DOCUMENTS

The New England Journal of Medicine. Special Article THE MASTER SETTLEMENT AGREEMENT WITH THE TOBACCO INDUSTRY AND CIGARETTE ADVERTISING IN MAGAZINES

Trends in Smoke Nicotine Yield and. Relationship to Design Characteristics. Among Popular U.S. Cigarette Brands

Neurobiology of Tobacco Dependence

Joanna Cohen, PhD Institute for Global Tobacco Control Johns Hopkins Bloomberg School of Public Health

Marlboro Onserts: Another Colorful Addition to the Tobacco Regulatory Landscape

Tobacco & Mississippi Youth

Reynolds American to Acquire Lorillard

Appendix III - Tobacco Settlement Summary

ONTARIO SUPERIOR COURT OF JUSTICE HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO. and

RAI: Strong key-brands performance delivers 2Q13 profit growth; Company reaffirms full-year EPS guidance

Reduced Risk Review March Keith Lenghaus

I n the landmark case of Shimp v. New Jersey Bell Telephone Co.

RAI increases 3Q13 earnings on strong operating performance; tightens full-year EPS guidance

The Boston Globe. March 8, 2010 Monday

Department of Justice Racketeering Case: Tobacco Cos. Ordered to Publish Corrective Statements. November 17, 2017

LITIGATION AGAINST THE TOBACCO INDUSTRY: MONITORING UPDATE

Tobacco Industry Tactics

NO. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

CALIFORNIA DIRECTORY OF COMPLIANT CIGARETTES AND ROLL-YOUR OWN BRAND FAMILIES LISTED BY BRAND FAMILY LAST UPDATED: NOVEMBER 12, 2010

FILED: NEW YORK COUNTY CLERK 05/06/ :00 PM INDEX NO /2013 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 05/06/2015

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Reynolds American Inc. and Lorillard Inc.; Analysis of Proposed Consent Order to Aid

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) DECISION AND JOURNAL ENTRY

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

RAI reports strong 2Q16 performance and positive outlook; Accelerates returns to shareholders

The Supreme Court Revisits the Preemption of State Law Consumer Protection Claims October 6, 2008

Evidence review. 1. Supporting research evidence. guide 2.1. The review of the evidence should include:

America s Most Wanted Tobacco Villains The Usual Suspects, New Villains and Emerging Threats

Agenda. Name Organization

Health warnings and plain packaging

ELEVEN REASONS WHY S IS BAD PUBLIC POLICY. Clinton Admin. FY00 budget request for FDA tobacco regulation was $34 million.

Research Study: Court-Ordered Corrections of Tobacco Industry Racketeering PRELIMINARY REPORT Background Methods Results Conclusions

IN THE SUPREME COURT OF FLORIDA. Case No. SC

Third District Court of Appeal State of Florida

Potential Master Settlement Agreement Violations Evidenced in Judge Kessler s Findings in USA v. Philip Morris USA, Inc., et al.

SNUS ON THE LOOSE: Big Tobacco s s latest attempt to make nicotine more attractive

The Tobacco Control Act: Legal Issues in 2013 and Beyond

Lindsey White. Tobacco Control Program Coordinator

CASES FOR DISCUSSION. Philip Morris s Troubles

Lawsuits Challenging the FDA s Deeming Rule

IN THE CIRCUIT COURT FOR BALTIMORE CITY. ************************************* James Harrell, et al., * Lead Case No.: 24X Plaintiffs, *

TOBACCO COMPANY MARKETING TO KIDS

Philip Morris International (PMI)

TRENDS IN TOBACCO INDUSTRY MARKETING

DEVELOPMENT OF A RISK ASSESSMENT INSTRUMENT TO BE USED IN BAIL RELEASE DECISIONS IN MARICOPA COUNTY, ARIZONA

Case 2:17-cv Document 1 Filed 10/30/17 Page 1 of 10

SUPREME COURT OF FLORIDA CASE NO. SC LOWER TRIBUNAL NO. 4D

(LO-NYSE) SUMMARY. Risk Level *

TOBACCO INDUSTRY TARGETING OF WOMEN AND GIRLS

IELTS Academic Reading Sample Looking for a Market among Adolescents

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION

RJ Reynolds Topic List

SMOKELESS TOBACCO IN THE UNITED STATES

How to launch a Safer Cigarette

Recent Verdict Against Personal Trainer Lessons to be Learned

CIGARETTE TAX, TOBACCO ESCROW FUNDS MASTER SETTLEMENT AGREEMENT, TOBACCO PRODUCTS TAX

Legal Challenges to Smokefree Indoor Air Ordinances

Kent, OH May 22, 2018 TOBACCO 21

Smoking Harm Reduction: If Not Now When?

THE GRAPHIC WARNING REQUIREMENT ON TOBACCO PACKAGES AND ADVERTISEMENTS: A CONSTITUTIONAL RESPONSE TO DECADES OF DECEPTION

IMPACT OF MENTHOL CIGARETTES ON YOUTH SMOKING INITIATION AND HEALTH DISPARITIES

Medical Student Activism: A Primer on Domestic and International Tobacco Control

Case 1:99-cv GK Document Filed 01/10/14 Page 1 of 11. Exhibit D. Online newspaper exemplars

SUMMARY OF THE MASTER SETTLEMENT AGREEMENT (MSA)

Full Tobacco Price List (RRP) (last update 08/03/2017)

IN THE SUPREME COURT OF BRITISH COLUMBIA KENNETH KNIGHT IMPERIAL TOBACCO CANADA LIMITED STATEMENT OF CLAIM

SMOKELESS TOBACCO IN THE UNITED STATES

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G JANNIE A. HYMES, EMPLOYEE PINEWOOD HEALTH & REHABILITATION, EMPLOYER

UNITED STATES DISTRICT COURT

Tobacco Industry Quotes and Facts

IN THE SUPREME COURT OF BRITISH COLUMBIA HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA

PRESS RELEASE - Ron Simon & Associates Files Hepatitis A Lawsuit Against Tropical Smoothie Cafe

Electronic Nicotine and Non Nicotine Delivery Systems (ENDS)

Data Highlights from the 2015 Hawai'i Youth Tobacco Survey

Tobacco-Related Litigation in Canada

RESPONSE FROM ALTRIA:

U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:04-cv KAJ

California Student Tobacco Survey

The full opinion and all the legal papers are available at:

Vinson, Dedra v. Dillard's, Inc.

Supreme Court of Florida

Data Highlights from the 2013 Hawai'i Youth Tobacco Survey (YTS) and Comparisons with Prior Years

Negligent Injection Medical Malpractice Negligent Treatment Medical Malpractice Informed Consent

COMMONWEALTH OF KENTUCKY MCCRACKEN CIRCUIT COURT DIVISION II CASE NO. 16-CI ELECTRONICALLY FILED

Transcription:

LORRAINE SWATY Plaintiff, v. PHILIP MORRIS INCORPORATED, (PHILIP MORRIS U.S.A.), R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO COMPANY, and BROWN & WILLIAMSON TOBACCO CORPORATION, INDIVIDUALLY AND AS SUCCESSORS TO THE AMERICAN TOBACCO COMPANY Defendants. CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLA. Case No.: 00-22691 CA 09 APRIL 25, 2005 PURPOSE This backgrounder has been prepared by R.J. Reynolds Tobacco Company to provide a concise reference document on this Broin II litigation. It is not a court document. HISTORY

In 1997, in a separately filed class-action lawsuit, the defendants in this case entered into a settlement agreement with a class of non-smoking flight attendants known as the Broin class. Pursuant to the Broin Settlement Agreement, the class was disbanded. Individual class members, however, retained the right to file any claims that they had against the tobacco company defendants related to the plaintiff s environmental tobacco smoke (ETS) exposures in airline cabins. This settlement agreement was approved by the courts in September 1999, and approximately 3,000 individual claims have been filed since early 2000. Under the Broin Settlement Agreement, plaintiffs may seek compensatory damages, but they may not seek any punitive damages. The plaintiff in this case, Lorraine Swaty, filed her lawsuit pursuant to the Broin Settlement Agreement. THE PLAINTIFF Ms. Swaty filed this lawsuit on September 6, 2000, in the Circuit Court of the 11 th Judicial Circuit in and for Miami-Dade County, Fla. Ms. Swaty is a flight attendant who claims to have suffered injuries as a result of her exposure to ETS in aircraft cabins while she worked as a flight attendant for PSA and US Air from 1965 to the present. Ms. Swaty was born in Uniontown, Pa., on March 18, 1947. She began working as a flight attendant with Pacific Southwest Airlines (PSA), a west coast regional airline, in 1965. PSA merged with US Air in 1988 and Ms. Swaty continues to work as a flight attendant today. Ms. Swaty has only flown as a working flight attendant on domestic flights. In April 1988, the U. S. government banned smoking on domestic flights that were two hours or less in duration. In February 1990, the U.S. government banned smoking on all domestic flights. Ms. Swaty claims that she developed asthma and chronic sinusitis with nasal polyps during the course of her career as a flight attendant and that her asthma and chronic sinusitis with nasal polyps were caused and/or aggravated by her exposure to ETS as a flight attendant.

The Plaintiff is represented by Philip Gerson of Gerson & Davis in Miami and Steven Hunter of Hunter, William and Lynch also in Miami. THE DEFENDANTS Philip Morris Incorporated (Philip Morris U.S.A.) Philip Morris is the nation s largest manufacturer of cigarettes. Headquartered in Richmond, Va., it is a subsidiary of Altria Group, Inc., and its major brands include Marlboro, Basic, Benson and Hedges, Virginia Slims and Merit. Philip Morris is represented by David Ross of the Miami office of Greenberg Traurig and William Geraghty of the Miami office of Shook, Hardy & Bacon, LLP. R.J. Reynolds Tobacco Company R.J. Reynolds is a wholly-owned subsidiary of Reynolds American Inc., and is headquartered in Winston-Salem, North Carolina. It is the nation s secondlargest manufacturer of cigarettes. Its brands include Camel, Kool, Winston, Salem, Doral and Pall Mall. R.J. Reynolds Tobacco is represented by Anthony Upshaw of the Miami office of Adorno & Yoss LLP. Brown & Williamson Tobacco Corporation, now known as Brown & Williamson Holdings, Inc. Brown & Williamson Holdings, Inc. (B&W), based in Louisville, Ky., formerly manufactured the Kool, Pall Mall, GPC, Carlton, Lucky Strike and Misty cigarette brands. As of July 31, 2004, B&W s domestic tobacco business merged with R.J. Reynolds Tobacco Company, a New Jersey corporation, to form R.J. Reynolds Tobacco Company, a North Carolina corporation. Brown & Williamson is represented by Anthony Upshaw of the Miami office

of Adorno & Yoss LLP. Lorillard Tobacco Company Lorillard Tobacco Co. is the third-largest manufacturer of cigarettes in the United States. Headquartered in Greensboro, North Carolina, it is an indirect subsidiary of the Loews Corp. The company s major brands include Newport, Kent, True, Old Gold and Maverick. Lorillard is represented by David Ross of the Miami office of Greenberg Traurig. TRIAL SITE The case will be tried in the Circuit Court of the 11 th Judicial Circuit in and for Miami-Dade County, Fla. JUDGE This case will be tried by Judge Mark Schumacher. EXPECTED DURATION The trial is scheduled to begin with jury selection on April 25, 2005. The parties have estimated that the trial will last five to seven days. JURY AND VERDICT Six jurors and at least one alternate will be chosen. For the plaintiff to prevail, six jurors must reach a unanimous decision. PLAINTIFF S CASE Ms. Swaty claims that she developed asthma and chronic sinusitis with

nasal polyps which were caused and/or aggravated by her exposure to ETS as a flight attendant. Based on the appellate court s recent interpretation of the Broin settlement agreement, the plaintiff s case will proceed under the theories of specific causation and damages. Therefore, the plaintiff must prove that she has asthma and chronic sinusitis with nasal polyps and that her exposure to ETS as a flight attendant caused these and/or aggravated these conditions. Ms. Swaty seeks an unspecified amount in actual damages. Under the Broin Settlement Agreement, Ms. Swaty may not seek punitive damages. DEFENDANTS CASE The defendants contend that exposure to ETS did not cause Ms. Swaty s asthma or chronic sinusitis with polyps, or make either of these conditions worse. Furthermore, the defendants contend that credible evidence does not exist to show that ETS causes these conditions in nonsmoking adults, even at the highest levels likely to be encountered in real-world environments. Defendants acknowledge that Ms. Swaty currently has asthma. However, the defendants will present evidence to show that exposure to ETS on aircrafts did not cause Ms. Swaty s asthma nor make her condition worse. There will be no evidence that Ms. Swaty suffered even temporary irritation by ETS or that she had any asthmatic episodes contemporaneous with her flights. Defendants also acknowledge that Ms. Swaty has chronic sinusitis with nasal polyps. Defendants will present evidence that, even at the highest levels likely to be encountered in real-world environments, chronic sinusitis is not caused by exposure to ETS. Evidence will be presented by the defendants that the most likely causes for the plaintiff s chronic sinusitis with nasal polyps were the host of other environmental factors found aboard passenger airplanes and the Southern California climate. The defendants also may present evidence that the plaintiff s exposures to ETS as a flight attendant were very low compared with the ETS exposures that other people might typically encounter at work or in the home. To support this contention, the defendants will present evidence from several

ETS exposure studies conducted aboard airline cabins when smoking was permitted, including studies conducted by the Surgeon General of the United States, the National Research Council and the Environmental Protection Agency. Also, in this area, defendants may present evidence that the ventilation system aboard the airplanes Ms. Swaty worked on were capable of dispersing any ETS which may accumulate in the passenger cabin in two to six minutes.