Attached files
| file | filename |
|---|---|
| 10-Q - 10-Q - VECTOR GROUP LTD | a2016q310q.htm |
| EX-32.2 - EXHIBIT 32.2 - VECTOR GROUP LTD | a2016q3-ex322.htm |
| EX-32.1 - EXHIBIT 32.1 - VECTOR GROUP LTD | a2016q3-ex321.htm |
| EX-31.2 - EXHIBIT 31.2 - VECTOR GROUP LTD | a2016q3-ex312.htm |
| EX-31.1 - EXHIBIT 31.1 - VECTOR GROUP LTD | a2016q3ex311.htm |
| EX-12.1 - EXHIBIT 12.1 - VECTOR GROUP LTD | a2016q3ex121.htm |
Exhibit 99.1
I. INDIVIDUAL CASES
A. Engle Progeny Cases.
Pursuant to the Florida Supreme Court's ruling in Engle v. Liggett Group Inc., which decertified the Engle class on a prospective basis, former class members had until January 2008 to file individual lawsuits. Lawsuits by individuals requesting the benefit of the Engle ruling are referred to as the “Engle progeny” cases. In October 2013, the Company announced a settlement of the claims of over 4,900 Engle progeny plaintiffs. Notwithstanding the settlement, the claims of approximately 240 Engle progeny plaintiffs remain pending. For more information on the Engle case and on the settlement, see “Note 7. Contingencies.”
(i) | Engle Progeny Cases with trial dates through September 30, 2017 (listed alphabetically). |
Braff v. R.J. Reynolds, et al., Case No. 08-25826, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 06/05/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 01/04/17 - 03/31/17.
Catanzaro v. Philip Morris USA Inc., et al., Case No. 08-CA-022107, Florida, Hillsborough County (case filed 09/22/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for trial starting 09/05/17.
Cohen v. R.J. Reynolds, et al., Case No. 14-018677(23), Circuit Court of the 11th Judicial Circuit, Miami-Dade County (case filed 07/17/14). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for trial starting 06/12/17.
Cossick v. R.J. Reynolds, et al., Case No. 07-036740-19, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 12/28/07). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 01/04/17 - 03/31/17.
Duncan v. R.J. Reynolds, et al., Case No. 2009-30218, Circuit Court of the 7th Judicial Circuit, Volusia County (case filed 01/15/09). One individual suing. The case is scheduled for trial starting 03/20/17.
Fox v. R.J. Reynolds, et al., Case No. 08-26348, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 06/09/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 01/04/17 - 03/31/17.
Gates, et al., v. R.J. Reynolds, et al., Case No. 07- 025811-19, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 06/05/08). Two individuals suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 01/04/17 - 03/31/17.
Kaplan, M. v. R.J. Reynolds, et al., Case No. 08-25823, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 06/05/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 04/03/17 - 06/30/17.
Lawrence v. R.J. Reynolds, et al., Case No. 09-CA-000178, Circuit Court of the 5th Judicial Circuit, Marion County (case filed 01/12/09). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for trial starting 02/17/17.
Liles v. R.J. Reynolds, et al., Case No. 2009-30060, Circuit Court of the 7th Judicial Circuit, Volusia County (case filed 01/15/09). Two individuals suing. The case is scheduled for trial starting 03/20/17.
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Lima v. R.J. Reynolds Tobacco Co., et al., Case No. 15-CA-007140, Hillsborough County (case filed 08/03/15). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for trial starting 04/03/17.
Nixon v. R.J. Reynolds, et al., Case No. 07-CA-024426, Circuit Court of the 15th Judicial Circuit, Palm Beach County (case filed 01/08/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for trial starting 02/17/17.
Rogers v. R.J. Reynolds, et al., Case No. 08-000533-19, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 01/04/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 01/04/17 - 03/31/17.
Santoro v. R.J. Reynolds, et al., Case No. 08-025807, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 06/05/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 01/04/17 - 03/31/17.
Walker v. R.J. Reynolds, et al., Case No. 50-2008-CA-000238, Circuit Court of the 15th Judicial Circuit, Palm Beach County (case filed 01/04/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled as the back-up case for trial starting 04/28/17.
Weinstein v. R.J. Reynolds, et al., Case No. 08-CA-025840, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 06/05/08). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 01/04/17 - 03/31/17.
Wells-Cullins v. R.J. Reynolds, et al., Case No. 07-036748, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 12/28/07). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for the trial period of 04/03/17 - 06/30/17.
(ii) | Post-Trial Engle Progeny Cases. |
Boatright, et al. v. R.J. Reynolds, et al., Case No. 53-2011-CA-000158-000-WH, Circuit Court of the 10th Judicial Circuit, Polk County (case filed 01/12/11). This was a personal injury action filed by a smoker and his spouse that proceeded to jury trial in October 2014. At the close of plaintiff’s case, the court granted directed verdict to Liggett on all claims other than the claim for conspiracy to conceal. In November 2014, the jury returned a verdict in favor of plaintiffs and awarded compensatory damages in the amount of $15,000,000. The jury apportioned fault as follows: Plaintiff - 15%, Philip Morris - 85%. While the jury determined that Liggett’s participation in an agreement to conceal was a legal cause of injury to plaintiffs, the court refused to allow the jury to consider apportioning fault to Liggett. The jury assessed punitive damages against Philip Morris for $19,700,000 and Liggett for $300,000. Post-trial motions were denied. In January 2015, a joint and several judgment was entered against the defendants for $12,750,000 for the compensatory damages and $300,000 in punitive damages was awarded against Liggett. The defendants appealed to the Second District Court of Appeal. In March 2015, plaintiffs' motion for attorneys' fees was denied by the court. Plaintiffs appealed that ruling. Oral argument occurred on October 18, 2016. A decision is pending.
Calloway v. R.J. Reynolds, et al., Case No. 08-21770, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 05/15/08). This was a wrongful death action that proceeded to jury trial in April 2012. In May 2012, the jury returned a verdict in favor of the plaintiff and awarded compensatory damages in the amount of $20,500,000, which the court subsequently reduced to $16,100,000. The jury apportioned fault as follows: Decedent - 20.5%, R.J. Reynolds - 27%, Philip Morris - 25%, Lorillard - 18% and Liggett - 9.5% ($1,529,500). In August 2012, the trial court entered a joint and several judgment for compensatory damages in that amount. In addition, the judgment awarded plaintiff $7,600,000 in punitive damages against Liggett. In September 2016, the Fourth District Court of Appeal reversed the judgment in its entirety and remanded the case for a new trial. Plaintiff filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. Jurisdictional briefing is underway.
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Caprio v. R.J. Reynolds, et al., Case No. 2007-CV-036719, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 12/28/07). This was a personal injury action that proceeded to jury trial in February 2015. At trial, the court directed verdict in Liggett’s favor on all of plaintiff’s claims other than conspiracy. The jury returned a partial verdict in favor of plaintiff and against Philip Morris, R.J. Reynolds, Lorillard and Liggett and awarded economic damages in the amount of $559,172. In May 2015, over defendants' objections, the court entered a partial verdict on class membership, product use causation, and economic damages and ordered a new trial on the remaining issues, including comparative fault and punitive damages. Defendants' post-trial motions were denied. Defendants appealed to the Fourth District Court of Appeal. Briefing is complete. Oral argument is set for January 24, 2017.
Cohen, D. v. R.J. Reynolds, et al., Case No. 09-004042, Circuit Court of the 15th Judicial Circuit, Palm Beach County (case filed 02/04/09). This was a wrongful death action that proceeded to jury trial in April 2013. In May 2013, the jury returned a verdict in favor of the plaintiff on the negligence and strict liability claims and awarded compensatory damages in the amount of $2,055,000. The jury apportioned fault as follows: Decedent - 40%, RJR - 30%, Lorillard - 20% and Liggett - 10% ($205,500). In July 2013, the trial court granted defendants' motion for a new trial due to plaintiff's improper arguments during closing. Plaintiff appealed and the defendants cross appealed to the Fourth District Court of Appeal. In September 2016, the Fourth District Court of Appeal affirmed the granting of a new trial. Plaintiff filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. Jurisdictional briefing is underway.
Irimi v. R.J. Reynolds, et al., Case No. 08-26337 19, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 06/30/08). This was a wrongful death action that proceeded to jury trial in July 2014. In August 2014, the jury returned a verdict in favor of plaintiff and awarded compensatory damages in the amount of $3,123,426. The jury apportioned fault as follows: Decedent - 70%, R.J. Reynolds - 14.5%, Lorillard - 14.5% and Liggett - 1% ($31,234). In January 2015, the court granted defendants' motion for a new trial. Plaintiff appealed to the Fourth District Court of Appeal and the defendants cross appealed. Briefing is underway.
Putney v. R.J. Reynolds, et al., Case No. 07-36668, Circuit Court of the 17th Judicial Circuit, Broward County (case filed 12/28/07). This was a wrongful death action that proceeded to jury trial in March 2010. In April 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 fault as follows: Decedent - 35%, R.J. Reynolds - 30%, Liggett - 20% ($3,008,138) and Philip Morris - 15%. No punitive damages were awarded against Liggett. In December 2010, the trial court entered an amended final judgment to provide that interest would run from April 26, 2010. In June 2013, the Fourth District Court of Appeal held that the trial court erred in entering summary judgment against defendants on their statute of repose defense and in denying the defendant's motion for remittitur of the compensatory damages. As a result, the Fourth District Court of Appeal reversed and remanded for further proceedings. In February 2016, the Florida Supreme Court reinstated the jury's verdict. The Florida Supreme Court, on motion by defendants, clarified that its decision only reversed that part of the Fourth District Court of Appeal’s decision relating to the statute of repose. On remand from the Florida Supreme Court, the Fourth District Court of Appeal concluded that plaintiff need not prevail on her claim for fraudulent concealment in order to prevail on her claim for conspiracy to fraudulently conceal, holding that in the Engle progeny litigation, a plaintiff can prevail on an independent tort for conspiracy. The Fourth District Court of Appeal further affirmed the trial court’s granting of summary judgment on defendants’ statute of repose defenses. In light of that ruling, the Fourth District Court of Appeal directed the trial court on remand to reinstate the jury’s punitive damages award against Philip Morris and R.J. Reynolds. The Fourth District Court of Appeal reiterated that the trial court erred in not granting defendants’ motions for remittitur of the consortium award to decedent’s adult children. Accordingly, on remand, the trial court will enter an order remitting the amount. Either party may elect to reject the trial court’s remittitur. If the remittitur is rejected, the trial court will conduct a new trial on non-economic compensatory damages. Plaintiff moved for an award of attorneys' fees against Liggett pursuant to the fee shifting provisions of Florida's proposal for settlement statute based on a settlement offer that was not accepted by Liggett. The court granted the attorneys' fee motion with the amount to be determined in a future proceeding.
Ward v. R.J. Reynolds, et al., Case No. 2008-CA-2135, Circuit Court of the 1st Judicial Circuit, Escambia County (case filed 12/13/07). This was a wrongful death action that proceeded to jury trial in January 2012. In January 2012, the jury returned a verdict in favor of the plaintiff and awarded compensatory damages in the amount of $1,000,000. The jury apportioned fault as follows: Decedent - 50%, R.J. Reynolds - 30%, Philip Morris - 10%, Lorillard - 9.9% and Liggett - 0.1% ($1,000). No punitive damages were awarded against Liggett. Two of the
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defendants settled before trial. A joint and several judgment was entered against Liggett and the other defendant for $487,000. In September 2013, the First District Court of Appeal affirmed. Liggett satisfied the merits judgment in January 2014. In November 2015, the trial court awarded plaintiff $981,116 in attorneys’ fees and costs and entered final judgment jointly and severally against Liggett and the other defendant. Defendants appealed that final judgment and briefing is underway. Other than the issue regarding attorneys' fees, this matter is concluded.
B. Other Individual Cases.
Florida
Cowart v. Liggett Group Inc., et al., Case No. 98-01483-CA, Circuit Court of the 4th Judicial Circuit, Duval County (case filed 03/16/98). One individual suing. Liggett is the only tobacco company defendant in this case. The case is dormant.
Cox v. R.J. Reynolds, et al., Case No. 05-CA-000677, Circuit Court of the 13th Judicial Circuit, Hillsborough County (case filed 01/21/05). One individual suing. There has been no recent activity in this case.
Ditslear v. R.J. Reynolds, et al., Case No. 05-CA-000899, Circuit Court of the 13th Judicial Circuit, Hillsborough County (case filed 01/28/05). One individual suing. There has been no recent activity in this case.
Fuchs v. R.J. Reynolds, et al., Case No. 05-CA-000681, Circuit Court of the 13th Judicial Circuit, Hillsborough County (case filed 01/21/05). One individual suing. There has been no recent activity in this case.
Gentile v. R.J. Reynolds, et al., Case No. 50215CA-005405XXXXMB, Circuit Court of the 15th Judicial Circuit, Palm Beach County (case filed 05/26/15). One individual suing on behalf of the estate and survivors of a deceased smoker. The case is scheduled for trial starting 04/07/17.
Laschke, et al. v. R.J. Reynolds, et al., Case No. 96-8131-CI-008, Circuit Court of the 6th Judicial Circuit, 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 moved to dismiss the amended complaint. A hearing has not been scheduled.
Meckler v. Liggett Group Inc., Case No. 97-03949-CA, Circuit Court of the 4th Judicial Circuit, Duval County (case filed 07/10/97). One individual suing. Liggett is the only defendant in this case. The case is dormant.
Louisiana
Baker, et al. v. R.J. Reynolds, et al., Case No. 2:15-CV-05749, District Court, Eastern District of Louisiana, (case filed 11/05/15). One individual suing on behalf of the estate and survivor of a deceased smoker. As of June 30, 2016, Liggett had not been served with the complaint.
Oser v. The American Tobacco Co., et al., Case No. 97-9293, Circuit Court of the Civil District Court, Parish of Orleans (case filed 05/27/97). One individual suing. There has been no recent activity in this case.
Reese, et al. v. R. J. Reynolds, et al., Case No. 2003-12761, Circuit Court of the 22nd Judicial District Court, St. Tammany Parish (case filed 06/10/03). Five individuals suing. There has been no recent activity in this case.
Maryland
Bearman, et al. v. Union Carbide Corporation, et al., Case No. 24-X-14-000303, Circuit Court, Baltimore City (case filed 07/13/15). Two individuals suing. 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. In August 2015, Liggett moved to dismiss the first amended complaint. The motion
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is pending. Liggett has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Cook, et al. v. Union Carbide Corporation, et al., Case No. 24-X-13-000445, Circuit Court, Baltimore City (case filed 09/12/13). Two individuals suing. 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. In November 2013, defendants moved to dismiss the first amended complaint. The motion is pending. Liggett has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Cowens, et al. v. John Crane-Houdaille Inc., et al., Case No. 24-X-11-000335, Circuit Court, Baltimore City (case filed 09/12/13). Three individuals suing. Plaintiffs are the surviving children of the decedent. Plaintiffs seek damages allegedly caused to decedent by exposure to asbestos and cigarette smoke, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants, including Vector Tobacco. In January 2014, defendants moved to dismiss the first amended complaint. The motion is pending. Vector Tobacco has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Culotta v. Union Carbide Corporation, et al., Case No. 24-X-12-000690, Circuit Court, Baltimore City (case filed 06/20/13). One individual suing. Plaintiff seeks damages allegedly caused to decedent by exposure to asbestos and cigarette smoke, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants. In July 2013, defendants moved to dismiss the first amended complaint. The motion is pending. Liggett has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Danna v. Union Carbide Corporation, et al., Case No. 24-X-15-000155, Circuit Court, Baltimore City (case filed 08/19/15). One individual suing. Plaintiff seeks damages allegedly caused by his exposure to asbestos and cigarette smoke, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants. In September 2015, Liggett moved to dismiss the first amended complaint. The motion is pending. Liggett has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Fales v. John Crane-Houdaille, Inc., et al., Case No. 24-X-11-000326, Circuit Court, Baltimore City (case filed 06/10/13). One individual suing. Plaintiff is the surviving child of decedent. Plaintiff seeks damages allegedly caused to decedent by exposure to asbestos and cigarette smoke, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants. In July 2013, defendants moved to dismiss the first amended complaint. The motion is pending. Liggett has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Lively v. Union Carbide Corporation, et al., Case No. 24-X-13-000710, Circuit Court, Baltimore City (case filed 03/20/15). One individual suing. Plaintiff seeks damages allegedly caused to decedent by exposure to asbestos and cigarette smoke, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants, including Liggett and Vector Tobacco. In April 2015, defendants moved to dismiss the first amended complaint. The motion is pending. Liggett and Vector Tobacco have requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Majors v. Union Carbide Corporation, et al., Case No. 24-X-14-000397, Circuit Court, Baltimore City (case filed 06/09/15). One individual suing. Plaintiff seeks damages allegedly caused to decedent by exposure to asbestos and cigarette smoke, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants, including Liggett. In August 2016, Liggett moved to dismiss the second amended complaint and requested a hearing on the motion. The motion is pending. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Ruth v. Union Carbide Corporation, et al., Case No. 24-X-13-000717, Circuit Court, Baltimore City (case filed 08/07/15). One individual suing. Plaintiff seeks damages allegedly caused by his exposure to asbestos, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants, including Liggett. In
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September 2015, Liggett moved to dismiss the first amended complaint. The motion is pending. Liggett has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Sapp, et al. v. Union Carbide Corporation, et al., Case No. 24-X-14-000310, Circuit Court, Baltimore City (case filed 07/13/15). Four individuals suing. Plaintiffs seek damages allegedly caused by exposure to asbestos and cigarettes, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants, including Liggett. In August, 2015, Liggett moved to dismiss the first amended complaint. The motion is pending. Liggett has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Schwartz v. Union Carbide Corporation, et al., Case No. 24-X-15-000074, Circuit Court, Baltimore City (case filed 05/22/15). One individual suing. Plaintiff seeks damages allegedly caused to decedent by exposure to asbestos and cigarette smoke, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants, including Liggett. In June 2015, defendants moved to dismiss the first amended complaint. The motion is pending. Liggett has requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Thorpe, et al. v. Union Carbide Corporation, et al., Case No. 24-X-14-000225, Circuit Court, Baltimore City (case filed 05/16/14). Two individuals suing. Plaintiffs are the surviving children of the decedent. Plaintiffs seek damages allegedly caused to decedent by exposure to asbestos and cigarette smoke, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants, including Liggett and Vector Tobacco. In July 2014, defendants moved to dismiss the first amended complaint. The motion is pending. Liggett and Vector Tobacco have requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Wilt, et al. v. Union Carbide Corporation, et al., Case No. 24-X-12-000529, Circuit Court, Baltimore City (case filed 04/24/14). Two individuals suing. Plaintiff and his wife seek damages allegedly caused by his exposure to asbestos and cigarettes, with claims against certain asbestos manufacturer defendants and certain tobacco company defendants, including Liggett and Vector Tobacco. In July 2014, defendants moved to dismiss the first amended complaint. The motion is pending. Liggett and Vector Tobacco have requested an individual hearing on the motion. The court expects to schedule hearings on outstanding motions to dismiss in March 2017.
Missouri
Nuzum, et al. v. Brown & Williamson Tobacco Corporation, et al., Case No. 03-cv-237237, Circuit Court, Jackson County (case filed 05/21/03). Two individuals suing. A case management conference occurred on June 24, 2016.
New York
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. There has been no recent activity in this case.
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 remaining defendant. In July 2013, the court granted plaintiffs' motion to restore the case to the active docket calendar. Liggett appealed, and the intermediate appellate court affirmed the lower court's decision. In November 2015, the court entered a case management order providing discovery deadlines.
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 industry's 1998 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. The case is stayed.
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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. There has been no recent activity in this case.
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 industry's 1998 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. The case is stayed.
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. There has been no recent activity in this case.
Ohio
Croft, et al. v. Akron Gasket & Packing, et al., Case No. CV04541681, Court of Common Pleas, Cuyahoga County (case filed 08/25/05). Two individuals suing. There has been no recent activity in this case.
West Virginia
Brewer, et al. v. The American Tobacco Company, et al., Case No. 01-C-82, Circuit Court, Ohio County (case filed 03/20/01). Two individuals suing. There has been no recent activity in this case.
Little v. The American Tobacco Company, et al., Case No. 01-C-235, Circuit Court, Ohio County (case filed 06/04/01). One individual suing. There has been no recent activity in this case.
II. CLASS ACTION CASES
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 of certain "common" issues. Liggett was severed from trial of the consolidated action. After two mistrials, in May 2013, the jury rejected all but one of the plaintiffs' claims, finding in favor of plaintiffs on the claim that ventilated filter cigarettes between 1964 and July 1, 1969 should have included instructions on how to use them. The issue of damages was reserved for further proceedings. The court entered judgment in October 2013, dismissing all claims except the ventilated filter claim. The judgment was affirmed on appeal and remanded to the trial court for further proceedings. In April 2015, the plaintiffs filed a petition for writ of certiorari to the United States Supreme Court which subsequently declined review. In July 2015, the trial court ruled on the scope of the ventilated filter claim and determined that only 30 plaintiffs have potentially viable claims against the non-Liggett defendants, which may be pursued in a second phase of the trial. The court intends to try the claims of these plaintiffs in six consolidated trials, each with five plaintiffs. The trial court set the first date for the consolidated trials for January 9, 2017. With respect to Liggett, the trial court requested that Liggett and plaintiffs brief whether any claims against Liggett survive given the outcome of the first phase of the trial. On May 23, 2016, the trial court ruled that the case could proceed against Liggett. Liggett requested that the trial court certify the matter to the West Virginia Supreme Court of Appeals, for review, but the trial court refused. It is estimated that Liggett could be a defendant in approximately 75 individual cases. The parties are in the process of preparing a scheduling order to govern the Phase I common issues pre-trial proceedings.
Parsons, et al. v. A C & S Inc., et al., Case No. 98-C-388, Circuit Court, West Virginia, Ohio County (case filed 02/09/98). This purported class action is brought on behalf of plaintiff's 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 (Nitral Liquidators, Inc., Desseaux Corporation of North America and Armstrong World Industries) in the United States Bankruptcy Court for the District of Delaware.
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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, were exposed to secondhand smoke from cigarettes that were manufactured by the defendants, including Liggett, and suffered injury as a result of that exposure. The plaintiffs seek an unspecified amount of compensatory and punitive damages. No class certification hearing has been held. The case has been stayed for a number of years, with the stay renewed every few years. The last stay was entered on March 16, 2016 and stays the case, including all discovery, pending the completion of the smoking cessation program ordered by the court in Scott v. The American Tobacco Co.
III. HEALTH CARE COST RECOVERY ACTIONS
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.
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