The vacating of a more than $20 million punitive damages award against Philip Morris will stand (Berger v. R.J. Reynolds Tobacco Co., 2015 BL 380315, M.D. Fla., 3:09-cv-14157, 11/18/15).
The U.S. District Court for the Middle District of Florida vacated ex-smoker Judith Berger’s punitive damages award and granted judgment as a matter of law to Philip Morris USA on her fraudulent concealment and conspiracy claims in an April 23 order.
Judge James G. Carr said the trial evidence, which “amply confirmed” the “decades-long fraudulent conduct” of Philip Morris and other tobacco companies, wasn’t enough to sustain ...
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