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Hundreds Of Tobacco Lawsuits In Florida Affected By Florida Appeals Court Decision


For many decades, it was virtually impossible for smokers or their families to sue tobacco companies in pursuit of damages around wrongful injury or death. Thankfully, that has changed.

The legal landscape about liability for tobacco companies was deeply shaped by the companies themselves. Many of the major brands were involved in a long campaign of obfuscation, starting in the 1950s, which made it difficult for courts to draw conclusions about the effects of smoking.

Beginning in the 1980s, a change started in terms of what was possible when facing cigarette companies in court. However, it is only recently that large class action lawsuits have been truly effective in winning damages for people whose lives were permanently changed by smoking.

Recently, however, there was a setback for those seeking justice in this kind of matter.

10% Of Engle Lawsuits Filed By Jacksonville Firm Affected By Recent Ruling

Back in 2006, Jacksonville-based Wilner Law Firm advanced claims for more than 4,400 individuals whose lives had been impacted by smoking. For several years, these cases went forward in the manner that others have in the past.

This September, however, a Florida appeals court ruled that a significant portion of the cases suffered from serious problems that undermined their legal merits. Some of the issues included:

  • Personal injury, rather than wrongful death, cases filed on behalf of deceased individuals.
  • Wrongful death filings on behalf of “survivors” of some smokers who were still alive.
  • Multiple different filings pertaining to the same individuals and based on the same facts.
  • Cases filed for people the firm had no contact with, in some cases adjudicated elsewhere.

No Matter How Big The Defendant May Be, Personal Injury Cases Can Be Won

This might seem like a serious setback for people who are striving against big defendants, such as tobacco companies. However, one of the things that you should never doubt is that such cases can be won — if they are structured and managed successfully.

Big defendants may have an extraordinary amount of money and personnel, but they are also in the public eye. If they are found responsible for wrongdoing, judges and juries have an incentive to motivate proper behavior through penalty judgments and other awards.

Although the case above is unusual and is very serious, it’s important to recognize that cases have been advancing against Big Tobacco for many years. Other major defendants, such as large retailers, can also be successfully met in court.

Our Team Is #1 In Southwest Florida When It Comes To Personal Injury Victories

Sometimes, a personal injury case can truly look like “David vs. Goliath.” No matter what the case may be, though, the law provides you with all of the tools that you need to win.

The first step that you should take is selecting a law firm to represent you that will be able to provide true expertise — facing the kind of defendant you’re dealing with in court.

You might be approached multiple times with settlement offers that are not advantageous to you. By partnering with a known trial lawyer, you can significantly raise your chances of victory.

Whether you are “going it alone” or working with the framework of a major class action lawsuit, however, aggressive representation can be the key to getting the outcome that you are seeking.

When you want to talk to aggressive lawyers in Southwest Florida, you can contact the team at Get Me Justice. Call or email us today so that we can learn more about your case and your needs.

Remember, in America, no one is above the law. Let us help you fight for what you deserve.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Hundreds Of Tobacco Lawsuits In Florida Affected By Florida Appeals Court Decision

Goldman Babboni Fernandez
Murphy & Walsh




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