January 29, 2018 / 1:23 PM / a year ago

11th Circuit refuses to reduce damages award in tobacco case

A federal appeals court on Thursday struck down a request by R.J. Reynolds Tobacco Co to reduce a $620,000 damages award to a man who sued the cigarette maker over his wife’s death, citing a recent Florida Supreme Court ruling that intentional torts were exempt from a state comparative fault statute.

Judges Beverly Martin, Julie Carnes and R. Lanier Anderson of the U.S. Court of Appeals for the 11th Circuit said that, while the trial court’s jury instructions were in fact incorrect, a December decision by the Florida’s highest court resolved the issue.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2DTNZs1

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