Short History of
Tobacco Litigation

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Tobacco litigation started in the 1950s. At first, although many individual lawsuits were filed, not many of them went to trial, and of those that did, not many were successful. As the 1960s and 1970s progressed, many more individual lawsuits were filed, but again, not many were successful for the plaintiff. Right on into the 1990s, tobacco companies still denied that cigarette smoking is addictive.

Early lawsuits

Eventually a group of law firms filed a nationwide class action suit in New Orleans — the Castano case. This time they made good progress for the plaintiffs and this case was certified. However, it was later reversed because each claimant's case was thought to be unique and not suitable for class action. After that, more statewide class actions were filed, and again, although many were not certified, some were:

The Broin and Engle cases in Florida
The Scott case in Louisiana
The Blankenship case in West Virginia

State Medicaid cases

In the 1990s, some of these were filed because the states wanted to be compensated for covering the cost of smoking-related diseases. In 1997, Mississippi, Florida, Texas and Minnesota settled with some of the large tobacco companies. In Florida, the Broin case was settled.

Master Settlement Agreement (MSA)

In 1998, all the other states and territories settled with large tobacco companies over the Medicaid reimbursement issue, and this is known as the Master Settlement Agreement. After the MSA, various kinds of lawsuits continued to be filed, including:

Individual lawsuits
New class actions
Health care cost lawsuits by insurance companies

In Florida

There have recently been four tobacco class action lawsuits that have gone to trial.
The largest ever punitive damages verdict ($145 billion) was won in the Florida Engle case

However, in 2003 Florida's Third District Court of Appeals ruled that the class action shouldn't have been certified, and they reversed that verdict
It went to the Florida Supreme Court and on July 6, 2006, this Court agreed with the appeals court that the class action should not have been certified. So Big Tobacco got a big win. But on the other hand, this allows individual smokers to file claims, if they meet the eligibility requirements.
There have been other class actions involving:

Medical monitoring,
Light cigarettes, and
The tobacco companies' concealment of the health risks smoking brings.

November 21, 1996

If you developed a smoking-related illness before November 21, 1996, and if you're a Florida resident; or if your loved one developed a smoking-related illness before that date which caused their death, an experienced product liability lawyer can help you claim some compensation. Please contact the Glick Law Firm.

We'll give you all the personal attention you need; we'll listen to your concerns, and begin assessing your situation. We'll charge you nothing up front, but will make money only if and when you do. Schedule your free initial consultation today.