Common use of Xxxxxxxx Tobacco Co Clause in Contracts

Xxxxxxxx Tobacco Co. a case filed in December 2007 in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, finding the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 30% at fault and the remaining defendants to be 35% at fault, and awarded $15.1 million in compensatory damages and $2.5 million in punitive damages each against RJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of using the defendants’ products. In August 2010, final judgment was entered against RJR Tobacco in the amount of $4.5 million in compensatory damages, and $2.5 million in punitive damages. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In December 2010, the court entered an amended final judgment to provide that interest would run from April 26, 2010. The defendants filed a joint notice of appeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $2.4 million. Oral argument occurred on September 27, 2012. A decision is pending. On May 20, 2010, in Xxxxxxx v. X. X. Xxxxxxxx Tobacco Co ., a case filed in October 2007 in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 77.5% at fault and the decedent, Xxxxxxx Xxxxxxx, to be 22.5% at fault, and awarded $5.2 million in compensatory damages and $25 million in punitive damages. The plaintiff alleged that the decedent was addicted to cigarettes and as a result developed one or more smoking related medical conditions and/or diseases. Post-trial motions were denied, but the court, in accordance with the Florida statutory limitation on punitive damage awards, ordered the punitive damage award of $25 million be reduced to $15.7 million – three times the compensatory damages award of $5.2 million. In August 2010, the court entered final judgment in the amount of $4.06 million in compensatory damages and $15.7 million in punitive damages. RJR Tobacco filed a notice of appeal to the Fourth DCA and posted a supersedeas bond in the amount of $5 million. The plaintiff also filed a notice of appeal. Briefing is complete. Oral argument has not been scheduled.

Xxxxxxxx Tobacco Co. a case filed in December 2007 March 2007, in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, finding the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 30% at fault and the remaining defendants to be 35% at fault, and awarded $15.1 million in compensatory damages and $2.5 million in punitive damages each against RJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of using the defendants’ products. In August 2010decedent, final judgment was entered against RJR Tobacco Xxxxx Xxxxx, developed smoking related diseases, which resulted in the amount of $4.5 million in compensatory damages, and $2.5 million in punitive damages. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In December 2010, the court entered an amended final judgment to provide that interest would run from April 26, 2010his death. The defendants filed a joint notice of appeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $2.4 million. Oral argument occurred on September 27, 2012. A decision is pending. On May 20, 2010, in Xxxxxxx v. X. X. Xxxxxxxx Tobacco Co ., a case filed in October 2007 in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 77.5% at fault and the decedent, Xxxxxxx Xxxxxxx, to be 22.5% at fault, and awarded $5.2 million in plaintiff sought compensatory damages and $25 million in an unspecified amount of punitive damages. The plaintiff alleged jury later returned a verdict that the decedent was addicted to cigarettes 50% at fault for his injuries and as a result developed one or more smoking related medical conditions and/or diseasesawarded compensatory damages of $1.2 million. PostNo punitive damages were awarded. RJR Tobacco’s post-trial motions were denied, but the court, in accordance with the Florida statutory limitation on punitive damage awards, ordered the punitive damage award of $25 million be reduced to $15.7 million – three times the compensatory damages award of $5.2 million. In August 2010, and the court entered final judgment in the amount of $4.06 million in compensatory damages and $15.7 million in punitive damages600,000. RJR Tobacco filed a notice of appeal to the Fourth DCA and posted a supersedeas bond in the amount of approximately $5 million700,000. The Fourth DCA affirmed the trial court’s judgment in September 2011. In November 2000, XXX Xxxxxxx xiled a notice to invoke discretionary jurisdiction of the Florida Supreme Court. In May 2013, the Florida Supreme Court accepted jurisdiction, and the case will be submitted without oral argument. On February 25, 2010, in Xxxxxxxx v. X. X. Xxxxxxxx Tobacco Co., a case filed in December 2007 in the Circuit Court, Broward County, Florida, the court declared a mistrial due to the jury’s inability to reach a decision. The plaintiff alleged that as a result of an addiction to cigarettes, the decedent, Xxxxx Xxxxxxxx, developed lung cancer and died. The plaintiff sought damages in excess of $15,000 and all taxable costs and interest. Retrial began in March 2010. In April 2010, the jury returned a verdict in favor of the plaintiff in Phase I, and in Phase II awarded $1.9 million in compensatory damages and no punitive damages. The jury also found RJR Tobacco to be 25% at fault, the decedent to be 70% at fault and the decedent’s spouse to be 5% at fault. Final judgment was entered in June 2010, in the amount of $483,682. In July 2000, XXX Xxxxxxx xiled a notice of appeal to the Fourth DCA and posted a supersedeas bond in the amount of approximately $484,000. The plaintiff filed a notice of cross appeal. Briefing In June 2012, the Fourth DCA entered an opinion that affirmed the trial court’s judgment, but remanded the case for a new trial on all Phase II issues. In Ocxxxxx 0000, XXX Xxxxxxx xiled a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. A decision is completepending. Oral argument has Retrial began on July 11, 2013. On July 31, 2013, the jury returned a verdict in favor of the plaintiff, found the decedent to be 25% at fault and RJR Tobacco to be 75% at fault, and awarded $15.35 million in compensatory damages and $22.5 million in punitive damages. Final judgment was entered in August 2013 and did not been scheduledinclude a reduction for comparative fault. Post-trial motions were denied on September 25, 2013. The deadline to file a notice of appeal is October 25, 2013.

Xxxxxxxx Tobacco Co. a case filed in December 2007 March 2007, in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, finding the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 30% at fault and the remaining defendants to be 35% at fault, and awarded $15.1 million in compensatory damages and $2.5 million in punitive damages each against RJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of using the defendants’ products. In August 2010decedent, final judgment was entered against RJR Tobacco Xxxxx Xxxxx, developed smoking related diseases, which resulted in the amount of $4.5 million in compensatory damages, and $2.5 million in punitive damages. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In December 2010, the court entered an amended final judgment to provide that interest would run from April 26, 2010his death. The defendants filed a joint notice of appeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $2.4 million. Oral argument occurred on September 27, 2012. A decision is pending. On May 20, 2010, in Xxxxxxx v. X. X. Xxxxxxxx Tobacco Co ., a case filed in October 2007 in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 77.5% at fault and the decedent, Xxxxxxx Xxxxxxx, to be 22.5% at fault, and awarded $5.2 million in plaintiff sought compensatory damages and $25 million in an unspecified amount of punitive damages. The plaintiff alleged jury later returned a verdict that the decedent was addicted to cigarettes 50% at fault for his injuries and as a result developed one or more smoking related medical conditions and/or diseasesawarded compensatory damages of $1.2 million. PostNo punitive damages were awarded. In Xxxx 0000, XXX Xxxxxxx’s post-trial motions were denied, but the court, in accordance with the Florida statutory limitation on punitive damage awards, ordered the punitive damage award of $25 million be reduced to $15.7 million – three times the compensatory damages award of $5.2 million. In August 2010, and the court entered final judgment in the amount of $4.06 million in compensatory damages and $15.7 million in punitive damages600,000. RJR Tobacco filed a notice of appeal to the Fourth DCA and posted a supersedeas bond in the amount of approximately $700,000 in July 2009. In September 2011, the Fourth DCA affirmed the trial court’s judgment. RJR Tobacco filed a motion for certification to the Florida Supreme Court, which was denied on October 00, 0000. XXX Xxxxxxx filed a notice to invoke discretionary jurisdiction of the Florida Supreme Court. A decision is pending. On May 29, 2009, in Xxxxxx x. X. X. Xxxxxxxx Tobacco Co., a case filed in October 2007 in the Circuit Court, Escambia County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 66% at fault for the decedent’s injuries, and awarded $5 millionmillion in compensatory damages. The plaintiff also alleged that as a result of Xxxxx Xxxxxx’x use of the defendant’s tobacco products, he developed lung cancer and other medical conditions and died. The plaintiff, Xxxxxxxx Xxxxxx, sought an unspecified amount of compensatory and punitive damages. On June 1, 2009, the jury returned a punitive damages award of $25 million. In September 2009, the court entered final judgment, awarding the plaintiff the sum of $3.3 million in compensatory damages and $25 million in punitive damages, and RJR Tobacco filed a notice of appealappeal to the First DCA. Briefing is completeIn Xxxxxxx 0000, XXX Xxxxxxx posted a supersedeas bond in the amount of approximately $5 million, and the plaintiff filed a notice of cross appeal of the final judgment. Oral argument has not been scheduledThe First DCA affirmed the final judgment in December 2010. RJR Tobacco asked the Florida Supreme Court to accept jurisdiction and review the decision of the First DCA. On July 19, 2011, the Florida Supreme Court denied RJR Tobacco’s request to review the decision. RJR Tobacco posted a supersedeas bond in the amount of $15 million in July 2011. The bond will replace the original bond that was posted and stay execution of the judgment to allow RJR Tobacco to seek review with the U.S. Supreme Court. RJR Tobacco filed a petition for writ of certiorari with the U.S. Supreme Court on December 16, 2011.

Xxxxxxxx Tobacco Co. a case filed in December 2007 in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, finding found the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 30% at fault and the remaining defendants to be 35% at fault, and awarded $15.1 million in compensatory damages and $2.5 million in punitive damages each against RJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of using the defendants’ products. In August 2010, final judgment was entered against RJR Tobacco in the amount of $4.5 million in compensatory damages, and $2.5 million in punitive damages. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In December 2010, the court entered an amended final judgment to provide that interest would run from April 26, 2010. The defendants filed a joint notice of appeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $2.4 million. Oral argument occurred In June 2013, the Fourth DCA held that the court erred in denying the defendants’ motion for remittitur of the compensatory damages for loss of consortium and in striking the defendants’ statute of repose affirmative defenses. As a result, the verdict was reversed, and the case was remanded for further proceedings. The plaintiff’s motion for rehearing, written opinion on September 27one issue, 2012or certification of conflict to the Florida Supreme Court was denied in August 2013. A decision is The defendants and the plaintiff filed separate notices to invoke the discretionary jurisdiction of the Florida Supreme Court. Decisions are pending. On May 20, 2010, in Xxxxxxx v. X. X. Xxxxxxxx Tobacco Co .Co., a case filed in October 2007 in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 77.5% at fault and the decedent, Xxxxxxx Xxxxxxx, to be 22.5% at fault, and awarded $5.2 million in compensatory damages and $25 million in punitive damages. The plaintiff alleged that the decedent was addicted to cigarettes and and, as a result result, developed one or more smoking related medical conditions and/or diseases. Post-trial motions were denied, but the court, in accordance with the Florida statutory limitation on punitive damage awards, ordered the punitive damage award of $25 million be reduced to $15.7 million – three times the compensatory damages award of $5.2 million. In August 2010, the court entered final judgment in the amount of $4.06 million in compensatory damages and $15.7 million in punitive damages. RJR Tobacco filed a notice of appeal to the Fourth DCA and posted a supersedeas bond in the amount of $5 million. The plaintiff also filed a notice of appeal. In September 2013, the Fourth DCA affirmed the final judgment and damages award to the plaintiff on strict liability and negligence. However, the court reversed the judgment entered for the plaintiff on the claims for fraudulent concealment and conspiracy to commit fraud by concealment due to the erroneous striking of RJR Tobacco’s statute of repose defense. As a result, the punitive damages award was set aside and remanded for a new trial. On October 15, 2010, in Frazier v. Xxxxxx Xxxxxx USA Inc., a case filed in December 2007 in the Circuit Court, Miami-Dade County, Florida, the jury returned a verdict in favor of the defendants. The plaintiff alleged that as a result of smoking defendants’, including RJR Tobacco’s, products she developed chronic obstructive pulmonary disease. Final judgment was entered in February 2011. The plaintiff filed a notice of appeal to the Third DCA, and the defendants filed a cross appeal. On April 11, 2012, the Third DCA reversed the trial court’s judgment, directed entry of judgment in the plaintiff’s favor and ordered a new trial. In July 2012, the defendants filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. The Florida Supreme Court accepted jurisdiction of the case in September 2013. Briefing is completeunderway. Oral argument On October 29, 2010, in Xxxxxxx v. Xxxxxx Xxxxxx USA Inc., a case filed in December 2007, in the Circuit Court, Volusia County, Florida against tobacco industry defendants, including RJR Tobacco, the court declared a mistrial after the jury informed the court that they were unable to reach a verdict. The plaintiff alleged that as a result of the use of the defendants’ defective and unreasonably dangerous tobacco products, she suffers from, or has suffered from, nicotine addiction, lung cancer and other smoking related medical conditions and/or diseases. Retrial began on March 21, 2011, and on March 31, 2011, the jury returned an inconsistent verdict. The jury found that RJR Tobacco was not been scheduledliable for the plaintiff’s injuries, but found that her past injuries were worth $1 million with the plaintiff being 70% at fault and RJR Tobacco 30% at fault. The court entered final judgment in August 2011. RJR Tobacco filed a notice of appeal to the Fifth DCA and posted a supersedeas bond in the amount of $300,000. In September 2012, the Fifth DCA affirmed the trial court’s judgment, per curiam. RJR Tobacco’s motion for a written opinion was granted in October 2012. In November 0000, XXX Xxxxxxx filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court. A decision is pending.

Xxxxxxxx Tobacco Co. a case filed in December 2007 in the Circuit Court, Broward County, Florida, the court declared a mistrial due to the jury’s inability to reach a decision. The plaintiff alleged that as a result of the decedent, Xxxxx Xxxxxxxx’x, addiction to cigarettes, she developed lung cancer and died. The plaintiff sought damages in excess of $15,000 and all taxable costs and interest. Retrial began in March 2010. On April 21, 2010, the jury returned a verdict in favor of the plaintiffplaintiff in Phase I, finding that the decedentdecedent was addicted to cigarettes containing nicotine and the addiction was the legal cause of her death by lung cancer. On April 29, Xxxxxx Xxxxxx2010, the jury awarded $1.9 million in compensatory damages and no punitive damages. The jury also found RJR Tobacco to be 3525% at fault, RJR Tobacco the decedent to be 3070% at fault and the remaining defendants decedent’s spouse to be 355% at fault, and awarded $15.1 million in compensatory damages and $2.5 million in punitive damages each against RJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent suffered from nicotine addiction and lung cancer as a result of using the defendants’ products. In August 2010, final Final judgment was entered against RJR Tobacco in June 2010, in the amount of $4.5 million in compensatory damages, and $2.5 million in punitive damages483,682. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In December 2010, the court entered an amended final judgment to provide that interest would run from April 26, 2010. The defendants filed a joint notice of appeal to the Fourth DCA of the amended final judgment, and RJR Tobacco posted a supersedeas bond in the amount of approximately $2.4 million484,000 in July 2010. Oral argument occurred on September 27, 2012The plaintiff filed a notice of cross appeal. A decision Briefing is pendingunderway. On May 20March 10, 2010, in Xxxxxxx v. X. X. Xxxxxxxx Tobacco Co .x. Xxxxxx Xxxxxx USA, Inc., a case filed in October 2007 in the Circuit Court, Broward Hillsborough County, Florida, a jury returned a verdict in favor of for the plaintiff, found the decedent, Charlotte Xxxxxxx, to be 50% at fault, RJR Tobacco to be 77.55% at fault and the decedent, Xxxxxxx Xxxxxxx, remaining defendants to be 22.545% at fault, and awarded $5.2 5 million in compensatory damages. No punitive damages and $25 million in punitive damageswere awarded. The plaintiff alleged that the decedent was addicted to cigarettes and as a result developed one or more of the decedent’s addiction to smoking related medical conditions and/or diseases. Post-trial motions were deniedthe defendants’ cigarettes, but the court, in accordance with the Florida statutory limitation on punitive damage awards, ordered the punitive damage award of $25 million be reduced to $15.7 million – three times the compensatory damages award of $5.2 millionshe suffered bodily injury and died. In August March 2010, the court entered final judgment against RJR Tobacco in the amount of $4.06 million in compensatory damages and $15.7 million in punitive damages250,000. RJR Tobacco filed a notice of appeal to the Fourth DCA Second District Court of Appeal and posted a supersedeas bond in the amount of $5 million. The plaintiff also filed a notice of appeal250,000. Briefing is complete. Oral argument has not been scheduledunderway.

Xxxxxxxx Tobacco Co. a case filed in December 2007 March 2007, in the Circuit Court, Broward County, Florida, a jury returned a verdict in favor of the plaintiff, finding the decedent, Xxxxxx Xxxxxx, to be 35% at fault, RJR Tobacco to be 30% at fault and the remaining defendants to be 35% at fault, and awarded $15.1 million in compensatory damages and $2.5 million in punitive damages each against RJR Tobacco and the remaining defendants. The plaintiff alleged that the decedent, Xxxxx Xxxxx, developed smoking related diseases, which resulted in his death. The plaintiff sought compensatory damages and an unspecified amount of punitive damages. The jury later returned a verdict that the decedent suffered from nicotine addiction was 50% at fault for his injuries and lung cancer as a result awarded compensatory damages of using the defendants’ products$1.2 million. No punitive damages were awarded. In August 2010Xxxx 0000, XXX Xxxxxxx’s post-trial motions were denied, and the court entered final judgment was entered against RJR Tobacco in the amount of $4.5 million in compensatory damages, and $2.5 million in punitive damages600,000. RJR Tobacco filed a notice of appeal and the plaintiff filed a notice of cross appeal. In December 2010, the court entered an amended final judgment to provide that interest would run from April 26, 2010. The defendants filed a joint notice of appeal to the Fourth DCA District Court of the amended final judgment, Appeal and RJR Tobacco posted a supersedeas bond in the amount of approximately $2.4 million700,000 in July 2009. Oral argument occurred on September 27February 3, 20122011. A decision is pending. On May 2029, 20102009, in Xxxxxxx v. Xxxxxx x. X. X. Xxxxxxxx Tobacco Co .Co., a case filed in October 2007 in the Circuit Court, Broward Escambia County, Florida, a jury returned a verdict in favor of the plaintiff, found RJR Tobacco to be 77.566% at fault and for the decedent, Xxxxxxx Xxxxxxx, to be 22.5% at fault’s injuries, and awarded $5.2 5 million in compensatory damages. The plaintiff alleged that as a result of Xxxxx Xxxxxx’x use of the defendant’s tobacco products, he developed lung cancer and other medical conditions and died. The plaintiff, Xxxxxxxx Xxxxxx, sought an unspecified amount of compensatory and punitive damages. On June 1, 2009, the jury returned a punitive damages award of $25 million. In September 2009, the court entered final judgment, awarding the plaintiff the sum of $3.3 million in compensatory damages and $25 million in punitive damages. The plaintiff alleged that the decedent was addicted to cigarettes , and as a result developed one or more smoking related medical conditions and/or diseases. Post-trial motions were denied, but the court, in accordance with the Florida statutory limitation on punitive damage awards, ordered the punitive damage award of $25 million be reduced to $15.7 million – three times the compensatory damages award of $5.2 million. In August 2010, the court entered final judgment in the amount of $4.06 million in compensatory damages and $15.7 million in punitive damages. RJR Tobacco filed a notice of appeal to the Fourth DCA and First District Court of Appeal. In Xxxxxxx 0000, XXX Xxxxxxx posted a supersedeas bond in the amount of approximately $5 million. The , and the plaintiff also filed a notice of appealcross appeal of the final judgment. Briefing is completeThe First District Court of Appeal affirmed the final judgment in December 2010. Oral argument RJR Tobacco asked the Florida Supreme Court to accept jurisdiction and review the decision of the First District. On July 19, 2011, the Florida Supreme Court denied RJR Tobacco’s request to review the decision. RJR Tobacco has not been scheduled90 days to file a writ of certiorari with the U.S. Supreme Court.