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EXCEL - IDEA: XBRL DOCUMENT - VECTOR GROUP LTD | Financial_Report.xls |
10-Q - FORM 10-Q - VECTOR GROUP LTD | g26734e10vq.htm |
EX-32.2 - EX-32.2 - VECTOR GROUP LTD | g26734exv32w2.htm |
EX-31.1 - EX-31.1 - VECTOR GROUP LTD | g26734exv31w1.htm |
EX-32.1 - EX-32.1 - VECTOR GROUP LTD | g26734exv32w1.htm |
EX-31.2 - EX-31.2 - VECTOR GROUP LTD | g26734exv31w2.htm |
Exhibit 99.1
I. INDIVIDUAL SMOKER CASES
Florida
a) Engle Progeny Cases.
Pursuant to the Florida Supreme Courts July 2006 ruling in Engle v. Liggett Group Inc.,
which decertified the Engle class on a prospective basis, former class members had one year
from January 11, 2007 to file individual lawsuits. In addition, some individuals who filed
suit prior to January 11, 2007, and who claim they meet the conditions in Engle, are
attempting to avail themselves of the Engle ruling. Lawsuits by individuals requesting the
benefit of the Engle ruling, whether filed before or after the January 11, 2007 mandate, are
hereinafter referred to as the Engle progeny cases. As of March 31, 2011, Liggett and/or
the Company were named in 6,717 Engle progeny cases in both state and federal courts in
Florida. These cases include approximately 8,960 plaintiffs. The total number of
plaintiffs include 671 state court consortium claims. The total number of state court cases
may likely increase as courts may require multi-plaintiff cases to be severed into
individual cases. The total number of plaintiffs may increase as a result of attempts by
existing plaintiffs to add additional parties. For more information on the Engle case, see
Note 5. Contingencies. As of March 31, 2011, 31 alleged Engle progeny cases, where
Liggett is currently a named defendant, were scheduled for trial in 2011. These cases, and
cases that have been tried and are currently on appeal, or will be appealed, are described
below. Several additional cases are also currently scheduled for trial in 2012, or will be
scheduled for trial in 2012.
Allen, J. v. R.J. Reynolds, et al., Case No. 16-2007-CA-11674-AXXXMA, Circuit
Court of the 4th Judicial Circuit, Florida, Duval County (case filed 12/11/07).
One individual suing. The case is scheduled for trial starting 07/11/11.
Alvarez v. R.J. Reynolds, et al., Case No. 07-30302, Circuit Court of the
11th Judicial Circuit, Florida, Miami-Dade County (case filed 09/17/07). Two
individuals suing. The case is scheduled for trial starting 09/26/11.
Baker v. R.J. Reynolds, et al., Case No. 16-2007-CA-008311-EXXXMA, Circuit Court of
the 4th Judicial Circuit, Florida, Duval County (case filed 01/11/08). One
individual suing. The case is scheduled for trial starting 10/10/11.
Bronstein v. R.J. Reynolds, et al., Case No. 10-28219, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 11/29/07). One
individual suing. The case is presently scheduled for the trial period 06/27/11
09/23/11.
Campbell v. R.J. Reynolds., et al., Case No. 2008-CA-2147, Circuit Court of the
1st Judicial Circuit, Florida, Escambia County (case filed 07/08/08). This is a
wrongful death action which proceeded to jury trial in July 2009. In August 2009, the jury
returned a verdict in favor of the plaintiff and awarded compensatory damages in the amount
of $7,800,000. The jury apportioned damages as follows: plaintiff 57%, R.J. Reynolds
39%, Philip Morris 2%, and Liggett 2% ($156,000). No punitive damages were awarded
against Liggett. In March 2011, the compensatory award was affirmed on appeal. Plaintiff
moved for an award of attorneys fees against Liggett pursuant to the fee shifting
provisions of Floridas proposal for settlement statute based on a settlement offer that was
not accepted by Liggett. The parties reached a confidential settlement agreement regarding
the attorneys fees incurred through trial, which agreement is contingent upon the pending
appeal of the compensatory damages award.
1
Calloway v. R.J. Reynolds, et al., Case No. 08-21770, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 05/15/08). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for the trial period 06/27/11 09/23/11.
Ciccone v. Brown & Williamson, et al., Case No. 04-13258, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 08/19/04). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for the trial period 03/28/11 06/24/11.
Clay v. R.J. Reynolds, et al., Case No. 2007-CA-003020, Circuit Court of the
1st Judicial Circuit, Florida, Escambia County (case filed 12/13/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. Trial
commenced on March 22, 2010. On April 13, 2010, the jury returned a verdict in favor of the
plaintiff and awarded compensatory damages in the amount of $3,490,000. The jury
apportioned damages as follows: plaintiff 30%, Liggett 10% ($349,000), R.J. Reynolds
60%. The jury found Liggett liable for $1,000,000 in punitive damages. Defendants
appealed the judgment. Plaintiff moved for an award of attorneys fees against Liggett
pursuant to the fee shifting provisions of Floridas proposal for settlement statute based
on a settlement offer that was not accepted by Liggett. The parties reached a confidential
settlement agreement regarding the attorneys fees incurred through trial, which agreement
is contingent upon the pending appeal of the compensatory damages award.
Collins v. R.J. Reynolds, et al., Case No. 16-2007-CA-11175-EXXXMA, Circuit Court of
the 4th Judicial Circuit, Florida, Duval County (case filed 11/29/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 10/31/11.
Cox v. R.J. Reynolds, et al., Case No. 01-2008-CA-3712, Circuit Court of the
8th Judicial Circuit, Florida, Alachua County (case filed 07/25/08). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 08/08/11.
Dawes v. R.J. Reynolds, et al., Case No. 07-36725, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 12/28/07). One
individual suing. The case is scheduled for the trial period 09/26/11 12/16/11.
Douglas v. R.J. Reynolds, et al., Case No. 08-8108, Circuit Court of the
13th Judicial Circuit, Florida, Hillsborough County (case filed 11/02/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. On March 10,
2010, the jury returned a verdict in favor of the plaintiff and awarded compensatory damages
in the amount of $5,000,000. The jury apportioned damages as follows: plaintiff 50%,
Liggett 27% ($1,350,000), Philip Morris 18% and R.J. Reynolds 5%. No punitive
damages were awarded. Defendants appealed the judgment. Plaintiff moved for an award of
attorneys fees against Liggett pursuant to the fee shifting provisions of Floridas
proposal for settlement statute based on a settlement offer that was not accepted by
Liggett. The parties reached a confidential settlement agreement regarding the attorneys
fees incurred through trial, which agreement is contingent upon the pending appeal of the
compensatory damages award.
Duque v. Philip Morris, et al., Case No. 07-46324, Circuit Court of the
11th Judicial Circuit, Florida, Miami-Dade County (case filed 12/28/07). One
individual suing. The case is scheduled for trial starting 09/06/11.
2
Eshbaugh v. R.J. Reynolds, et al., Case No. 07-CA-017247, Circuit Court of the
20th Judicial Circuit, Florida, Lee County (case filed 12/13/07). One individual
suing on behalf of the estate and survivors of a deceased smoking. The case is scheduled
for trial starting 09/06/11.
Hallgren v. R.J. Reynolds, et al., Case No. 10-761, Circuit Court of the
10th Judicial Circuit, Florida, Highlands County (case filed 06/22/10). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 10/10/11.
Hancock v. R.J. Reynolds, et al., Case No. 07-36725, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 06-03-10). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial in 10/11.
Jewett v. R.J. Reynolds, et al., Case No. 16-2007-CA-012087-IXXXMA, Circuit Court of
the 4th Judicial Circuit, Florida, Duval County (case filed 12/20/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 05/02/11.
Johnson v. R.J. Reynolds, et al., Case No. 16-2007-CA-011654-GXXXMA, Circuit Court
of the 4th Judicial Circuit, Florida, Duval County (case filed 12/11/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 09/06/11.
Kaplan v. R.J. Reynolds, et al., Case No. 08-26341, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 05/01/08). One
individual suing. The case was scheduled for trial starting 04/11/11, but was removed from the trial calendar and has to be rescheduled.
Kirchen-Hawkins v. R.J. Reynolds, et al., Case No. 50 2008-CA-039473, Circuit Court
of the 15th Judicial Circuit, Florida, Palm Beach County (case filed 12/08/10).
One individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 09/12/11.
Marotta v. R.J. Reynolds, et al., Case No. 07-36723, Circuit Court of the
17th
Judicial Circuit, Florida, Broward County (case filed 12/28/08). One individual suing
on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the
trial period 06/27/11 09/23/11.
Marraffino v. R.J. Reynolds, et al., Case No. 08-22565, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 05/20/08). One
individual suing on behalf of the estate and survivors of a deceased smoker. Trial commenced on 4/14/11 and the court granted a mistrial during opening statements.
McLaughlin v. R.J. Reynolds, et al., Case No. 2008-CA-0104, Circuit Court of the
1st Judicial Circuit, Florida, Escambia County (case filed 01/10/08). Two
individuals suing. The case is scheduled for trial starting 09/12/11.
Putney v. R.J. Reynolds, et al., Case No. 07-36668, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 12/28/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. Trial commenced
in March 2010. On April 26, 2010, the jury returned a verdict in favor of the plaintiff and
awarded compensatory damages in the amount of $15,000,000. The jury apportioned damages as
follows: plaintiff 35%, Liggett 20% ($3,008,138), Philip Morris 15% and R.J.
Reynolds 30%. No punitive damages were awarded against Liggett. Defendants appealed the
judgment. Plaintiff moved for an award of attorneys fees against Liggett pursuant to the
fee shifting provisions of Floridas proposal for settlement
statute based on a settlement offer that was not accepted by Liggett. Entitlement to an
attorney fee award has been entered, and the amount of such award will be determined in a
separate proceeding.
3
Richter v. R.J. Reynolds, et al., Case No. 50 2008-CA-038650, Circuit Court of the
15th Judicial Circuit, Florida, Palm Beach County (case filed 12/08/08). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 09/12/11.
Rizzuto v. R.J. Reynolds, et al., Case No. H27-CA-2008-003318, Circuit Court of the
5th Judicial Circuit, Florida, Hernando County (case filed 05/21/08). The case
is scheduled for trial starting 05/02/11.
Rivenberg v. R.J. Reynolds, et al., Case No. 07-15646, Circuit Court of the
20th Judicial Circuit, Florida, Lee County (case filed 11/20/07). One individual
suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for
trial in 09/11.
Robirts v. R.J. Reynolds, et al., Case No. 16-2008-CA-000500-XXXXMA, Circuit Court
of the 4th Judicial Circuit, Florida, Duval County (case filed 01/10/08). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 10/10/11.
Starr-Blundell v. R.J. Reynolds, et al., Case No. 16-2007-CA-12167-BXMA, Circuit
Court of the 4th Judicial Circuit, Florida, Duval County (case filed 12/20/07).
One individual suing on behalf of the estate and survivors of a deceased smoking. The case
is scheduled for trial starting 11/28/11.
Syzmanski v. R.J. Reynolds, et al., Case No. 07-CA-015501, Circuit Court of the
20th Judicial Circuit, Florida, Lee County (case filed 11/20/07). One individual
suing. The case is scheduled for trial starting 10/04/11.
Tatum v. R.J. Reynolds, et al., Case No. 2007-CA-3066, Circuit Court of the
1st Judicial Circuit, Florida, Escambia County (case filed 12/18/07). One
individual suing. The case is scheduled for trial starting 07/18/11.
Tullo v. R.J. Reynolds, et al., Case No. 2008-CA-035457, Circuit Court of the
15th Judicial Circuit, Florida, Palm Beach County (case filed 11/14/08). One
individual suing. Trial commenced in March 2011. On April 13, 2011, the jury returned a
verdict in favor of the plaintiff and awarded compensatory damages in the amount of
$4,500,000. The jury apportioned damages as follows: plaintiff 45%, Liggett 5%
($225,000), Philip Morris 45% and Lorillard 5%. No punitive damages were awarded. The
defendants intend to appeal.
Weingart v. R.J. Reynolds, et al., Case No. 08-CA-038878, Circuit Court of the
15th Judicial Circuit, Florida, Palm Beach County. One individual suing on
behalf of the estate and survivors of a deceased smoker. The case is scheduled for trial
starting 06/27/11.
Welch v. R.J. Reynolds, et al., Case No. 16-2007-CA-011552-CXXXMA, Circuit Court of
the 4th Judicial Circuit, Florida, Duval County (case filed 12/07/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 11/28/11.
4
Ward v. R.J. Reynolds, et al., Case No. 2008-CA-2135, Circuit Court of the
1st Judicial Circuit, Florida, Escambia County (case filed 12/13/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 07/18/11.
Washington v. R.J. Reynolds, et al., Case No. 16-2007-CA-11552-BXXXMA, Circuit Court
of the 4th Judicial Circuit, Florida, Duval County (case filed 12/07/07). One
individual suing on behalf of the estate and survivors of a deceased smoker. The case is
scheduled for trial starting 09/06/11.
West v. R.J. Reynolds, et al., Case No. 16-2007-CA-11525-XXXMA, Circuit Court of the
4th Judicial Circuit, Florida, Duval County (case filed 12/06/07). One
individual suing. The case is scheduled for trial starting 08/08/11.
b) Other Individual Cases.
Beatty v. R.J. Reynolds, et al., Case No. 50-2009-CA-032435 (AB), Circuit Court of
the 15th Judicial Circuit, Florida, Palm Beach County (case filed 09/24/09). Two
individuals suing. This case is scheduled for trial starting 09/12/11.
Bryant v. Philip Morris Inc., et al., Case No. 50-2008-CA-25429 (AJ), Circuit Court
of the 15th Judicial Circuit, Florida, Palm Beach County (case filed 08/25/08).
One individual suing as personal representative of the estate and survivors of a deceased
smoker.
Caldwell v. Philip Morris Inc., et al., Case No. 08-000391 (AA), Circuit Court of
the 15th Judicial Circuit, Florida, Palm Beach County (case filed 01/07/08). One
individual suing on behalf of the estate and survivors of a deceased smoker.
Cowart v. Liggett Group Inc., et al., Case No. 98-01483-CA, Circuit Court of the
4th Judicial Circuit, Florida, Duval County (case filed 03/16/98). One
individual suing. Liggett is the only tobacco company defendant in this case. The case is
dormant.
Diamond v. R.J. Reynolds, et al., Case No. 08-24533, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 05/30/08). One
individual suing.
Ferlanti v. Liggett Group LLC, Case No. 03-21697, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 12/11/03). An
individual sued on behalf of the estate and survivors of a deceased smoker. Liggett was the
sole defendant in this action. Trial concluded in February 2009 and the jury returned a
verdict for plaintiff and a judgment of $815,972 was entered against Liggett. The final
judgment was entered on March 30, 2009 and was, thereafter, affirmed on appeal. Liggett
paid the judgment in March 2011. In September 2010, the court awarded plaintiff legal fees
of $996,000. The parties have appealed the attorneys fee award,
Fine v. Philip Morris, Inc., et al., Case No. 08-000383 (AA), Circuit Court of the
15th Judicial Circuit, Florida, Palm Beach County (case filed 01/07/08). One
individual suing on behalf of the estate and survivors of a deceased smoker.
Grose v. R.J. Reynolds, et al., Case No. 08-38276, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 08/15/08). One
individual suing as personal representative of the estate and survivors of a deceased
smoker. In addition to Liggett Group LLC, Vector Tobacco Inc. is a named defendant.
Defendants filed a motion to dismiss the complaint. A hearing has not been scheduled.
5
Hikin, et al. v. Philip Morris Inc., et al., Case No. 08-57479, Circuit Court of the
17th Judicial Circuit, Florida, Broward County (case filed 11/21/08). Two
individuals suing.
Laschke, et al. v. R.J. Reynolds, et al., Case No. 96-8131-CI-008, Circuit Court of
the 6th Judicial Circuit, Florida, Pinellas County (case filed 12/20/96). Two
individuals suing. The dismissal of the case was reversed on appeal, and the case was
remanded to the trial court. An amended complaint was filed by the plaintiffs. In January
2006, defendants filed motions to dismiss the amended complaint. A hearing has not been
scheduled.
McKeever v. R.J. Reynolds Tobacco Co., et al., Case No. 09-87681, Circuit Court of
the 11th Judicial Circuit, Florida, Miami-Dade County (case filed 12/04/09). Two
individuals suing.
Meckler v. Liggett Group Inc., Case No. 97-03949-CA, Circuit Court of the
4th Judicial Circuit, Florida, Duval County (case filed 07/10/97). One
individual suing. Liggett is the only tobacco company defendant in this case. The case is
dormant.
Rawls v. Liggett Group Inc., Case No. 97-01354-CA, Circuit Court of the
4th Judicial Circuit, Florida, Duval County (case filed 03/06/97). One
individual suing. Liggett is the only tobacco company defendant in this case. The case is
dormant.
Spivak v. Philip Morris Inc., et al., Case No. 08-19309 (AH), Circuit Court of the
15th Judicial Circuit, Florida, Palm Beach County (case filed 06/26/08). One
individual suing as personal representative of the estate and survivors of a deceased
smoker.
Spry v. Liggett Group LLC, et al., Case No. 06-31216 CICI, Circuit Court of the
7th Judicial Circuit, Florida, Volusia County (case filed 07/27/06). Two
individuals suing.
Whitney v. R.J. Reynolds, et al., Case No. 2011-CA-286J, Circuit Court of the
8th Judicial Circuit, Florida, Alachua County (case filed 01/27/11).
Louisiana
Hunter, et al. v. R. J. Reynolds, et al., Case No. 2002/18748m, Circuit Court of the
Civil District Court, Louisiana, Parish of Orleans (case filed 12/04/02). Two individuals
suing. The case has been dismissed as abandoned. Plaintiffs are challenging the order of
abandonment.
Oser v. The American Tobacco Co., et al., Case No. 97-9293, Circuit Court of the
Civil District Court, Louisiana, Parish of Orleans (case filed 05/27/97). One individual
suing.
Reese, et al. v. R. J. Reynolds, et al., Case No. 2003-12761, Circuit Court of the
22nd Judicial District Court, Louisiana, St. Tammany Parish (case filed
06/10/03). Five individuals suing.
Maryland
Burik, et al. v. John Crane-Houdaille, Inc. et al., Case No. 24-X-08-000429, Circuit
Court, Maryland, Baltimore City (case filed 06/09/10). Plaintiff is suing individually and
as personal representative of the estate of a deceased smoker. Plaintiff seeks damages
allegedly caused to decedent by exposure to asbestos and cigarettes, with claims against
certain asbestos
manufacturer defendants and certain tobacco company defendants, including Liggett. The
defendants, including Liggett, filed a motion to dismiss in July 2010. Plaintiff filed a
Response to the Defendants Motion to Dismiss on 07/29/10. The motion is pending.
6
Kraska, et al. v. John Crane-Houdaille, Inc. et al., Case No. 24X08000209, Circuit
Court, Maryland, Baltimore City (case filed 08/02/10). Plaintiff is suing individually and
as personal representative of the estate of a deceased smoker. Plaintiff seeks damages
allegedly caused to decedent by exposure to asbestos and cigarettes, with claims against
certain asbestos manufacturer defendants and certain tobacco company defendants, including
Liggett. Liggett joined in and adopted the Defendants Motion to Dismiss on 10/08/10. The
motion is pending.
Love, et al. v. John Crane-Houdaille, Inc. et al., Case No. 24-X-08-000120, Circuit
Court, Maryland, Baltimore City (case filed 06/01/10). Plaintiff and his wife seek damages
allegedly caused by exposure to asbestos and cigarettes, with claims against certain
asbestos manufacturer defendants and certain tobacco company defendants, including Liggett.
The defendants filed a motion to dismiss in July 2010. Plaintiffs filed a Response to the
Defendants Motion to Dismiss on 07/29/10. The motion is pending.
Schoppert, et al., v. John Crane-Houdaille, Inc., et al., Case No. 24-X-07-000300,
Circuit Court, Maryland, Baltimore City (case filed 02/19/10). Plaintiffs are husband and
wife. Plaintiffs seek damages allegedly caused to Plaintiff Leon D. Schoppert by exposure
to asbestos and cigarette smoke, with claims against certain asbestos manufacturer
defendants and certain tobacco company defendants, including Liggett. Liggett joined in and
adopted the Defendants Motion to Dismiss on 08/18/10. Plaintiffs filed a response to
Liggetts Motion to Dismiss on 08/20/10. The motion is pending.
Missouri
Nuzum, et al. v. Brown & Williamson Tobacco Corporation, et al., Case No.
03-cv-237237, Circuit Court, Missouri, Jackson County (case filed 05/21/03). Two
individuals suing.
Putnam v. R, J, Reynolds Tobacco Company, et al., Case No. 1116-cv-00030, Circuit
Court, Missouri, Jackson County (case filed 01/06/11). One individual suing.
New York
Brantley v. The American Tobacco Company, et al., Case No. 114317/01, Supreme Court
of New York, New York County (case filed 07/23/01). One individual suing. In March 2011,
the case was stayed by the court until a status conference in September 2011.
Debobes v. The American Tobacco Company, et al., Case No. 29544/92, Supreme Court of
New York, Nassau County (case filed 10/17/97). One individual suing.
Hausrath, et al. v. Liggett Group LLC, Case No. I2001-09526, Supreme Court of New
York, Erie County (case filed 01/24/02). Two individuals suing. Liggett is the only
defendant in this case.
James v. The American Tobacco Company, et al., Case No. 103034/02, Supreme Court of
New York, New York County (case filed 04/04/97). One individual suing.
Shea, et al. v. The American Tobacco Company, et al., Case No. 008938/03, Supreme
Court of New York, Nassau County (case filed 10/17/97). Two individuals suing. In December
2008, the
trial court granted defendants motion to dismiss plaintiffs claims for punitive damages as
barred by the prior settlement with the New York Attorney General, but denied the
defendants motion to dismiss the case. The dismissal of the punitive damages claim was
affirmed by the intermediate appellate court in May 2010. Plaintiffs motion to reargue the
decision was denied by the appellate court.
7
Standish v. The American Tobacco Company, et al., Case No. 18418-97, Supreme Court
of New York, Bronx County (case filed 07/28/97). One individual suing.
Tomasino, et al. v. The American Tobacco Company, et al., Case No. 027182/97,
Supreme Court of New York, Nassau County (case filed 09/23/97). Two individuals suing. In
June 2009, the trial court granted defendants motion to dismiss plaintiffs claims for
punitive damages as barred by the prior settlement with the New York Attorney General, but
denied the defendants motion to dismiss the case. The dismissal of the punitive damages
claim was affirmed by the intermediate appellate court in May 2010. Plaintiffs motion to
reargue the decision was denied by the appellate court.
Yedwabnick v. The American Tobacco Company, et al., Case No. 20525/97, Supreme Court
of New York, Queens County (case filed 09/19/97). One individual suing.
Ohio
Croft, et al. v. Akron Gasket & Packing, et al., Case No. CV04541681, Court of
Common Pleas, Ohio, Cuyahoga County (case filed 08/25/05). Two individuals suing.
West Virginia
Brewer, et al. v. The American Tobacco Company, et al., Case No. 01-C-82, Circuit
Court, West Virginia, Ohio County (case filed 03/20/01). Two individuals suing.
Little v. The American Tobacco Company, et al., Case No. 01-C-235, Circuit Court,
West Virginia, Ohio County (case filed 06/04/01). One individual suing.
II. CLASS ACTION CASES
a) Smoking Related
Brown, et al. v. Philip Morris USA Inc., et al., (In Re: Tobacco II Cases), Case No.
711400, Superior Court of California, County of San Diego (case filed 10/01/97). The action
was brought against the major U.S. cigarette manufacturers, including Liggett, seeking to
recover restitution, disgorgement of profits and other equitable relief under California
Business and Professions Code. In April 2001, under the California Unfair Competition Laws
and the Consumer Legal Remedies Act, the court granted in part the plaintiffs motion for
certification of a class composed of residents of California who smoked at least one of the
defendants cigarettes from June 10, 1993 through April 23, 2001, and who were exposed to
the defendants marketing and advertising activities in California. Certification was
granted as to the plaintiffs claims that the defendants violated § 17200 of the California
Business and Professions Code pertaining to unfair competition. The court, however, refused
to certify the class under the California Legal Remedies Act or the plaintiffs common law
claims. Following the November 2004 passage of a proposition in California that changed the
law regarding cases of this nature, the defendants
8
moved to decertify the class. In March 2005, the court granted the defendants motion, and
plaintiffs appealed that decertification order. In September 2006, the California Court of
Appeal affirmed the class decertification order. In May 2009, the California Supreme Court
reversed the class decertification order and remanded the case for further proceedings
regarding whether there are class representatives that can demonstrate standing. In June
2009, the defendants filed a Petition for Rehearing in the California Supreme Court, which
was denied by the court in August 2009. Additionally, in September 2009, plaintiffs
counsel informed the trial court that plaintiffs intend to seek reconsideration of the trial
courts September 2004 order finding that plaintiffs allegations regarding lights
cigarettes are preempted by federal law. Plaintiffs contend that the recent decision in
Altria v. Good, by the United States Supreme Court, necessitates reconsideration of the
trial courts September 2004 preemption ruling. In March 2010, the trial court granted
reconsideration of its September 2004 order granting partial summary judgment to defendants
with respect to plaintiffs lights claims on the basis of judicial decisions issued since
its order was issued, including the United States Supreme Courts ruling in Altria, thereby
reinstating plaintiffs lights claims. Since the trial courts prior ruling decertifying
the class was reversed on appeal by the California Supreme Court, the parties and the court
are treating all claims currently being asserted by the plaintiffs as certified, subject,
however, to defendants challenge to the class representatives standing to assert their
claims. The plaintiffs filed a tenth amended complaint in September 2010. In December 2010,
defendants filed a motion for a determination that the class representatives lack standing
and are not adequate to represent the class. Argument on this motion occurred on February
23, 2011 and the court, thereafter, issued an order determining that the representative
plaintiffs lack standing. A hearing on plaintiffs motion for leave to amend, and
defendants motion to dismiss, is scheduled for 06/21/11.
Cleary, et al. v. Philip Morris, Inc., et al., Case No. 09-cv-01596, USDC Northern
District of Illinois (case was originally filed 06/03/98 in Circuit Court of Cook County,
Illinois). The action was brought on behalf of persons who have allegedly been injured by
(1) the defendants purported conspiracy pursuant to which defendants allegedly concealed
material facts regarding the addictive nature of nicotine; (2) the defendants alleged acts
of targeting their advertising and marketing to minors; and (3) the defendants claimed
breach of the publics right to defendants compliance with laws prohibiting the
distribution of cigarettes to minors. The plaintiffs seek disgorgement of all profits
unjustly received through defendants sale of cigarettes to plaintiffs. In March 2009,
plaintiffs filed a Third Amended Complaint replacing one named class representative with a
new plaintiff and adding new allegations regarding defendants sale of light cigarettes.
In March 2009, defendants filed a notice of removal to the United States District Court for
the Northern District of Illinois. In November 2009, plaintiffs filed a revised motion for
class certification. On February 1, 2010, the court granted summary judgment in favor of
defendants as to all claims, other than a lights claim involving another cigarette
manufacturer. On February 22, 2010, the court denied plaintiffs motion for class
certification as to each purported class of plaintiffs, but, allowed plaintiffs an
opportunity to reinstate the motion as to the addiction claim, if the plaintiffs identified
a new class representative, which they did, on April 13, 2010. Plaintiffs filed a Fourth
Amended Complaint in an attempt to resurrect their addiction claims. In June 2010, the
court granted defendants motion to dismiss the Fourth Amended Complaint. Plaintiffs
motion for reconsideration was denied by the court. In August 2010, plaintiffs filed a
notice of appeal in the United States Court of Appeals for the Seventh Circuit. Oral
argument occurred on 04/07/11.
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In Re: Tobacco Litigation (Personal Injury Cases), Case No. 00-C-5000, Circuit
Court, West Virginia, Ohio County (case filed 01/18/00). Although not technically a class
action, the court consolidated approximately 750 individual smoker actions that were pending
prior to 2001 for
trial on some common related issues. Liggett was severed from trial of the consolidated
action. Trial commenced in June 2010 and ended in a mistrial. A new trial is scheduled for
10/17/11.
Parsons, et al. v. A C & S Inc., et al., Case No. 98-C-388, Circuit Court, West
Virginia, Onio County (case filed 02/09/98). This personal injury class action is brought
on behalf of plaintiffs decedent and all West Virginia residents who allegedly have
personal injury claims arising from their exposure to cigarette smoke and asbestos fibers.
The complaint seeks to recover unspecified compensatory and punitive damages for all
potential members of the class. The case is stayed as a result of the December 2000
bankruptcy petitions filed by three defendants in the United States Bankruptcy Court for the
District of Delaware.
Young, et al. v. American Brands Inc., et al., Case No. 97-19984cv, Civil District
Court, Louisiana, Orleans Parish (case filed 11/12/97). This purported personal injury
class action is brought on behalf of plaintiff and all similarly situated residents in
Louisiana who, though not themselves cigarette smokers, have been exposed to secondhand
smoke from cigarettes which were manufactured by the defendants, and who suffered injury as
a result of that exposure. The class has not been certified. The plaintiffs seek to
recover an unspecified amount of compensatory and punitive damages. In October 2004, the
trial court stayed this case pending the outcome of an appeal in Scott v. American Tobacco
Co.
b) Price Fixing
Smith, et al. v. Philip Morris, Inc., et al., Case No. 00-cv-26, District Court,
Kansas, Seward County (case filed 02/07/00). In this class action, plaintiffs allege that
defendants conspired to fix, raise, stabilize, or maintain prices for cigarettes in Kansas.
The court granted class certification in November 2001 and discovery is proceeding. A status
conference was conducted in August 2010 at which time the court ordered the parties to
non-binding mediation. In November 2010, defendants filed a motion for summary judgment.
III. HEALTH CARE COST RECOVERY ACTIONS
City of St. Louis, et al. v. American Tobacco Company, Inc., et al., Case No.
cv-982-09652, Circuit Court, Missouri, City of St. Louis (case filed 11/16/98). The City of
St. Louis and approximately 38 hospitals seek to recover past and future unpaid or
unreimbursed health-care costs expended, or to be expended, by hospitals on behalf of
patients suffering from tobacco-related illnesses, as well as the increased costs associated
with the treatment of all patients, from defendants, including Liggett Group LLC. In June
2005, the court granted defendants motion for summary judgment as to claims for damages
which accrued prior to November 16, 1993. In April 2010, the court further determined that
each plaintiff is barred from seeking any damages which accrued more than five years prior
to the time that that plaintiff joined the suit. In that same order, the court granted
partial summary judgment for defendants barring plaintiffs claim for future damages, which
include damages that may accrue after August 23, 2007 or a later date (but prior to trial)
as the court may determine by subsequent order. In June 2010, the court denied plaintiffs
motion for summary judgment asserting collateral estoppel. In July 2010, the court granted
in part defendants motion for partial summary judgment based on preemption, regarding:
failure to warn claims, whether sounding in negligence or in strict liability; negligent
omission (although not including the negligent misrepresentation or fraudulent omission
claims); and targeted marketing claims. In October 2010, the Court granted partial
summary judgment on claims alleging misrepresentation, concealment and omission. Claims
for civil conspiracy,
aiding and abetting, strict liability, negligent design, restitution and punitive damages
are pending. Trial commenced on 01/31/11 and on 04/29/11, the jury
returned a defense verdict on all claims.
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Crow Creek Sioux Tribe v. The American Tobacco Company, et al., Case No.
cv-97-09-082, Tribal Court of the Crow Creek Sioux Tribe, South Dakota (case filed
09/26/97). The plaintiff seeks to recover actual and punitive damages, restitution,
funding of a clinical cessation program, funding of a corrective public education program
and disgorgement of unjust profits from alleged sales to minors. The case is dormant.
General Health Services (Kupat Holim Clalit) v. Philip Morris, Inc., et al., Case
No. 1571/98, District Court, Jerusalem, Israel (case filed 09/28/98). General Health
Services seeks to recover the past and future value of the total expenditures for
health-care services provided to residents of Israel resulting from tobacco related disease
along with interest, increased and/or exemplary damages and costs. Motions filed by the
defendants are pending before the Israel Supreme Court.
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