Bronstein, et al., v. R. J. Reynolds et al., Case No. 08-026341, Circuit Court ofthe 17th Judicial Circuit, Florida, Broward County (case filed 06/09/08). Twoindividuals suing. The case is presently scheduled for the trial period of03/19/10-06/25/10.Budnick v. R.J. Reynolds, et al., Case No. 07-36734, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/28/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 09/29/09 — 12/18/09.Buonomo v. R. J. Reynolds et al., Case No. 08-19612, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 05/02/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 06/29/09 — 08/31/09.Calloway v. R. J. Reynolds et al., Case No. 08-21770, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 05/15/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 12/18/09 — 03/26/10.Campbell v. R. J. Reynolds, et al., Case No. 2008-2147, Circuit Court of the1st Judicial Circuit, Florida, Escambia County (case filed 07/08/08). Oneindividual suing on behalf of the estate. The case is presently scheduled for the trialperiod of 07/13/09 — 08/22/09.Cohen, et al., v. R.J. Reynolds, et al., Case No. 07-33326, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/04/07). Twoindividuals suing. The case is presently scheduled for the trial period of 09/29/09 -12/18/09.Dawson, et al., v. R.J. Reynolds, et al., Case No. 07-35005, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/14/07). Twoindividuals suing. The case is presently scheduled for the trial period of 09/29/09-12/18/09.Evers v. R. J. Reynolds et al., Case No. 08 9154, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 11/02/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period begins 10/12/09.Ferlanti v. Liggett Group LLC, Case No. 03-21697, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/11/03). Oneindividual suing as Personal Representative of the estate and survivors of a deceasedsmoker. Liggett is the sole defendant in this action. Plaintiff amended her originalaction to assert her status as a decertified *Engle*class member. Trial commenced onFebruary 19, 2009. The jury found that plaintiff was not a member of the *Engle*class. OnMarch 6, 2009, the jury returned a verdict for plaintiff in the amount of $1,200,000 andfound plaintiff 40% at fault. The final judgment was entered on March 30, 2009. Liggett hasappealed the verdict. No punitive damages were awarded. On May 1, 2009, the court grantedplaintiff’s motion for an award of attorneys’ fees, but, has not set a hearing to determinethe amount of the award.Greene v. R.J. Reynolds, et al., Case No. 08-22567, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 05/20/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 06/29/09 -09/25/09.Gregg v. R.J. Reynolds, et al., Case No. 08-000-730, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 01/09/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period starting 08/09.Grossman, et al., v. R.J. Reynolds, et al., Case No. 08-25828, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 06/05/08). Twoindividuals suing. The case is presently scheduled for the trial period of 06/29/09 -09/25/09.
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Hall v. R.J. Reynolds, et al., Case No. 01-2008-CA-3979, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 07/25/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the 2 week trial period starting 04/05/10.Harris, et al., v. R.J. Reynolds, et al., Case No. 07-35926, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/21/07). Twoindividuals suing. The case is presently scheduled for the trial period of 01/04/10-03/26/10.Hatziyannakas v. R.J. Reynolds, et al., Case No. 07-36751, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/28/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 01/04/10 -03/26/10.Higgins v. R. J. Reynolds et al., Case No. 08-007441, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 04/03/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period beginning 03/09.Jenkins v. Philip Morris et al., Case No. 07-15069, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 11/02/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period beginning 05/09.Kaplan v. R.J. Reynolds, et al., Case No. 08-26341, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 05/01/08). Oneindividual suing. The case is presently scheduled for the trial period 04/27/09-06/26/09.Kirkland v. R.J. Reynolds, et al., Case No. 08-673, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 01/09/08). Oneindividual suing. The case is presently scheduled for the trial period starting 07/09.Lapidus-Carlson v. R.J. Reynolds, et al., Case No. 07-34496, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/12/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 04/27/09 — 06/26/09.Lukacs v. R. J. Reynolds Tobacco Company, et al., Case No. 01-38-22 CA23, CircuitCourt of the 11th Judicial Circuit, Florida, Miami-Dade County (case filed12/15/01). One individual suing as Personal Representative of the estate and survivors of adeceased smoker, as a decertified *Engle*class member. In June 2002, the jury awarded$37,500,000 in compensatory damages, jointly and severally, which was subsequently reducedby the court. The jury found Liggett 50% responsible. In August 2008, the court enteredjudgment in the amount of $24,835,000, plus interest from June 2002. In October 2008,plaintiff withdrew her request for punitive damages. In November 2008 the court enteredfinal judgment. In December 2008 the defendants appealed the decision to the Third DistrictCourt of Appeal. Briefing is underway. For more information on the *Lukacs*case, see Note8. Contingencies.McKinney v. R.J. Reynolds, et al., Case No. 01-2008-CA-0152, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 01/08/08). Oneindividual suing on behalf of theestate of a deceased smoker. The case is presently scheduled for the 2 week trial periodstarting 06/07/10.
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Mobley, et al., v. R.J. Reynolds, et al., Case No. 08-687, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 01/09/08). Twoindividuals suing. The case is presently scheduled for the three week trial period starting07/09.Morrissette-Stege v. R.J. Reynolds, et al., Case No. 07-34194, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/10/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 03/29/10 — 06/25/10.Naugle v. R.J. Reynolds, et al., Case No. 07-036736, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/28/07). Oneindividual suing. The case is presently scheduled for the trial period of 09/29/09 -12/18/09.Palmieri, et al., v. R.J. Reynolds, et al., Case No. 07-26287, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 10/10/07). Twoindividuals suing. The case is presently scheduled for the trial period of09/29/09-12/18/09.Pappas v. R.J. Reynolds, et al., Case No. 07-22785, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 09/10/07). Oneindividual suing. The case is presently scheduled for the trial period of 01/04/10-03/26/10.Patterson v. R.J. Reynolds, et al., Case No. 08-CA-6853, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 03/28/08). Oneindividual suing. The case is presently scheduled for the trial period from 09/29/09 -12/18/09.Putney v. R.J. Reynolds, et al., Case No. 07-36668, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/28/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 03/29/10 — 06/25/10.Rearick v. R. J. Reynolds et al., Case No. 08-CA-66-K, Circuit Court of the16th Judicial Circuit, Florida, Monroe County (case filed 01/10/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period starting 09/10/09.Riskus v. R.J. Reynolds, et al., Case No. 08-11214, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 05/21/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 09/14/09 — 10/02/09.Rodriquez v. R.J. Reynolds, et al., Case No. 08-9153, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 04/25/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period starting 11/02/09.Rohr v. R.J. Reynolds, et al., Case No. 07-34472, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 12/12/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 03/29/10 — 06/25/10.Root v. R. J. Reynolds et al., Case No. 08-706, Circuit Court of the 13thJudicial Circuit, Florida, Hillsborough County (case filed 01/09/08). One individual suingon behalf of the estate of a deceased smoker. The case is presently scheduled for the trialperiod starting 03/09.
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Salvino v. R. J. Reynolds et al., Case No. 07-25702, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 10/05/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 04/27/09-06/26/09**.**Singerman v. R.J. Reynolds et al., Case No. 08-22573, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 05/20/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 01/04/10 — 03/26/10.Snow v. Philip Morris et al., Case No. 08-7474, Circuit Court of the 13thJudicial Circuit, Florida, Hillsborough County (case filed 04/04/08). One individual suingon behalf of the estate of a deceased smoker. The case is presently scheduled for the trialperiod starting 02/09.Southerden v. R.J. Reynolds, et al., Case No. 01-2008-CA-3116, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 06/09/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the 2 week trial period starting 01/04/10.Talenfeld v. R.J. Reynolds, et al., Case No. 08-22565, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 05/20/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 06/29/09 — 08/31/09.Thalji v. R.J. Reynolds, et al., Case No. 07-14595-D, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 11/01/07). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period starting 06/09.Townsend v. R.J. Reynolds, et al., Case No. 01-2008-CA-3978, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 07/25/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the 2 week trial period starting 02/01/10.Tucci v. R.J. Reynolds, et al., Case No. 08-19619, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 05/02/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period of 06/29/09 -09/25/09**.**Weick v. Philip Morris, et al., Case No. 08-6827, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 03/28/08). Oneindividual suing on behalf of the estate of a deceased smoker. The case is presentlyscheduled for the trial period starting 04/09.Willis v. R.J. Reynolds et al., Case No. 08-CA-006859, Circuit Court of the12th Judicial Circuit, Florida, Manatee County (case filed 10/09/08). Oneindividual suing. The case is presently scheduled for the trial period of 10/5/09 -10/23/09.b) Other Individual Cases.Bryant v. Philip Morris Incorporated, et al., Case No. 50-2008-CA-25429 (AJ),Circuit Court of the 15th Judicial Circuit, Florida, Palm Beach County (casefiled 8/25/08). One individual suing as personal representative of the estate and survivorsof a deceased smoker.Caldwell v. Philip Morris Inc., Case No. 08-000391 (AA), Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 1/7/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker.
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Cowart v. Liggett Group Inc., Case No. 98-01483CA, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 3/16/98). One individualsuing. Liggett is the only tobacco company defendant. The case is dormant.Davis, et al. v. Liggett Group Inc., et al., Case No. 02-48914, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 10/4/02). Liggett isthe only defendant in this action. In April 2004, a jury awarded compensatory damages of$540,000 against Liggett, plus interest, which was paid by Liggett in February 2009, afterthe award was affirmed on appeal. In addition, plaintiff’s counsel was awarded legal feesof $752,000. In March 2008, the Fourth District Court of Appeal reversed and remanded thelegal fee award for further proceedings in the trial court. A hearing on the legal feeswill be set for sometime during the period 6/29/09 — 9/25/09.Diamond v. R.J. Reynolds Tobacco Co., et al., Case No. 08-24533, Circuit Court ofthe 17thJudicial Circuit, Florida, Broward County (case filed 5/30/08). Oneindividual suing.Fine v. Philip Morris Inc., Case No. 08-000383 (AA), Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 1/7/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker.Grose v. R.J. Reynolds Tobacco Co., et al., Case No. 08-38276, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 8/15/08). Oneindividual suing as personal representative of the estate and survivors of a deceasedsmoker.Hikin, et al. v. Philip Morris Incorporated, et al., Case No. 08-57479, CircuitCourt of the 17th Judicial Circuit, Florida, Broward County (case filed11/21/08). Two individuals suing.Laschke, et al. v. R.J. Reynolds, et al., Case No. 96-8131-CI-008, Circuit Court ofthe 6th Judicial Circuit, Florida, Pinellas County (case filed 12/20/96). Twoindividuals suing. The dismissal of the case was reversed on appeal, and the case wasremanded to the trial court. Motions to dismiss were filed by the defendants and arepending.Levine v. R.J. Reynolds Tobacco Company, et al., Case No. CL 95-98769 (AH), CircuitCourt of the 15th Judicial Circuit, Florida, Palm Beach County (case filed7/24/96). One individual suing. Plaintiff asserted claims for negligence and strictliability against each defendant and a claim for punitive damages against R.J. Reynolds.Although, plaintiff’s Liggett brand history is limited, a motion for summary judgment wasdenied by the court. On February 27, 2009 plaintiff passed away. The case is inactivewhile a decision is made by plaintiff’s estate as to whether to pursue the matter.Meckler, et al. v. Liggett Group Inc., Case No. 97-03949-CA, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 7/10/97). One individualsuing. Liggett is the only tobacco company defendant. The case is dormant.Rawls, et al. v. Liggett Group Inc., Case No. 97-01354 CA, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 3/6/97). One individualsuing. Liggett is the only tobacco company defendant. The case is dormant.Spivak v. Philip Morris Incorporated, et al., Case No. 08-19309 (AH), Circuit Courtof the 15th Judicial Circuit, Florida, Palm Beach County (case filed 6/26/08).One individual suing as personal representative of the estate and survivors of a deceasedsmoker.
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Spry, et al. v. Liggett Group LLC, et al., Case No. 06-31216 CICI, Circuit Court ofthe 7th Judicial Circuit, Florida, Volusia County (case filed 7/27/06). Twoindividuals suing. Discovery is pending.**Louisiana**Dimm, et al. v. R.J. Reynolds, et al., Case No. 53919, Circuit Court of the18th Judicial District Court, Louisiana, Iberville Parish (case filed 7/25/00).Seven individuals suing.Hunter, et al. v. R. J. Reynolds Tobacco Company, et al., Case No. 2002/18748m,Circuit Court of the Civil District Court, Louisiana, Parish of Orleans (case filed12/4/02). Two individuals suing.Newsom, et al. v. R.J. Reynolds, et al., Case No. 105838, Circuit Court of the16th Judicial District Court, Louisiana, St. Mary Parish (case filed 5/17/00).Five individuals suing.Oser v. The American Tobacco Co., et al., Case No. 97-9293, Circuit Court of theCivil District Court, Louisiana, Parish of Orleans (case filed 5/27/97). One individualsuing.Reese, et al. v. R. J. Reynolds Tobacco Company, et al., Case No. 2003-12761,Circuit Court of the 22nd Judicial District Court, Louisiana, St. Tammany Parish(case filed 6/10/03). Five individuals suing.**Maryland**Jones, et ux. v. Liggett Group LLC, et al., Case No. 24-X-08-000036, Circuit Courtfor Baltimore City, (case filed 1/18/09). Plaintiff is suing certain cigarette and asbestosmanufacturers for injuries allegedly caused by exposure to cigarette smoke and asbestos.Defendants’ filed a motion to dismiss and on February 24, 2009, plaintiff filed a response.Mueller, Jr. et ux. v. Liggett Group LLC, et al., Case No. 24-X-06-000259, CircuitCourt for Baltimore City, (case filed 10/10/08). One individual, Ada Mueller as personalrepresentative of and surviving spouse of Louis Mueller, is suing certain cigarette andasbestos manufacturers for decedent’s injuries allegedly caused by exposure to cigarettesmoke and asbestos. On January 9, 2009, Liggett filed an Answer and adopted a motion todismiss filed by certain cigarette manufacturing defendants.Slaughter, et al., v. John Crane-Houdaille, Inc., et al., Case No. 24-X-06-000394,Circuit Court for Baltimore City, (case filed 2/10/09). Plaintiff is suing individually andas Personal Representative of the Estate of a deceased smoker. Plaintiffs seek damagesallegedly caused to decedent by exposure to asbestos and cigarettes, with claims againstcertain asbestos manufacturer defendants and certain tobacco company defendants, includingLiggett.Lester, et al., v. John Crane-Houdaille, Inc., et al., Case No. 24-X-06-00068,Circuit Court, Baltimore City, (case filed 5/10/09). Plaintiff is suing individually and asPersonal Representative of the Estate of William T. Sammons. Plaintiffs seek damagesallegedly caused todecedent by exposure to asbestos and cigarettes, with claims against certain asbestosmanufacturer defendants and certain tobacco company defendants, including Liggett.
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**Mississippi**Granger v. B.A.T. Industries, P.L.C., et al., Civil Action No. 3:08- CV -216-HTW-LRA        , United States District Court, Southern District of Mississippi, Jackson Division (casefiled 3/5/08). One individual suing. The case was originally filed in the Circuit Court ofCopiah County, Mississippi and was removed to Federal Court in April 2008. The case has beenset for trial in January 2011.**Missouri**Nuzum v. Brown & Williamson Tobacco Corporation, et al., Case No. 03-CV-237237,Circuit Court, Missouri, Jackson County (case filed 5/21/03). Two individuals suing.Discovery is pending. Trial is scheduled for October 19, 2009.**New York**Brantley v. The American Tobacco Company, et al., Case No. 114317/01, Supreme Courtof New York, New York County (case filed 7/23/01). One individual suing.Debobes v. The American Tobacco Company, et al., Case No. 29544/92, Supreme Court ofNew York, Nassau County (case filed 10/17/97). One individual suing.Gouveia, et al. v. Fortune Brands, Inc., et al., Case No. 210671/04, Supreme Courtof New York, Rensselaer County (case filed 9/16/1997). Two individuals suing. A Note ofIssue was served on February 12, 2008. Summary Judgment motions had been filed in May 2008,but the court ordered that the parties revise and brief these motions after the outcome of aCourt of Appeals case, *Rose v. Brown & Williamson Tobacco Corp*. Defendants filedthe revised summary judgment motions on March 23, 2009.Hausrath, et al. v. Philip Morris Inc., et al., Case No. I2001-09526, Supreme Courtof New York, Erie County (case filed 01/24/02). Two individuals suing. This is a Liggettonly case as all other defendants were voluntarily dismissed by plaintiffs.James v. The American Tobacco Company, et al., Case No. 103034/02, Supreme Court ofNew York, New York County (case filed 4/4/97). One individual suing.Shea, et al. v. The American Tobacco Company, et al., Case No. 008938/03, SupremeCourt of New York, Nassau County (case filed 10/17/97). Two individuals suing.Standish v. The American Tobacco Company, et al., Case No. 18418-97, Supreme Courtof New York, Bronx County (case filed 7/28/97). 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 9/23/97). Two individuals suing.Tormey, et al. v. The American Tobacco Company, et al., Case No. 2005-0506, SupremeCourt of New York, Onondaga County (case filed 1/25/05). Two individuals suing.
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Yedwabnick, et al. v. The American Tobacco Company, et al., Case No. 20525/97,Supreme Court of New York, Queens County (case filed 9/19/97). One individual suing. ANote of Issue requesting a trial date is scheduled to be filed on October 30, 2009.**Ohio**Croft, et al. v. Akron Gasket & Packing, et al., Case No. CV04541681, Court ofCommon Pleas, Ohio, Cuyahoga County (case filed 8/25/05). Two individuals suing.**West Virginia**Brewer, et al. v. The American Tobacco Company, et al., Case No. 01-C-82, CircuitCourt, West Virginia, Ohio County (case filed 3/20/01). Two individuals suing.Little v. The American Tobacco Company, et al., Case No. 01-C-235, Circuit Court,West Virginia, Ohio County (case filed 6/4/01). One individual suing.**II.****CLASS ACTION CASES**a) Smoking RelatedBrown, et al. v. American Tobacco Co., Inc., et al., Case No. 711400, Superior Courtof California, County of San Diego (case filed 10/1/97). In April 2001, under theCalifornia Unfair Competition Laws and the Consumer Legal Remedies Act, the court granted inpart the plaintiffs’ motion for certification of a class composed of residents of Californiawho 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 inCalifornia. The action was brought against the major U.S. cigarette manufacturers,including Liggett, seeking to recover restitution, disgorgement of profits and otherequitable relief under California Business and Professions Code. Certification was grantedas to the plaintiffs’ claims that the defendants violated § 17200 of the California Businessand Professions Code pertaining to unfair competition. The court, however, refused tocertify the class under the California Legal Remedies Act or the plaintiffs’ common lawclaims. Following the November 2004 passage of a proposition in California that changed thelaw regarding cases of this nature, the defendants moved to decertify the class. In March2005, the court granted the defendants’ motion. In May 2005, the plaintiffs appealed. InSeptember 2006, the California Court of Appeal affirmed the order decertifying the class.In October 2006, the plaintiffs filed a petition for review with the California SupremeCourt. The petition for review was granted in November 2006. Oral argument was held onMarch 3, 2009 and a decision is expected in June 2009.Cleary, et al. v. Philip Morris, Inc., et al., Case No. 09 CV 1956, U.S. DistrictCourt for Northern District of Illinois (case originally filed 6/3/98 in Circuit Court ofCook County, Illinois). The action was brought on behalf of persons who have allegedly beeninjured by (1) the defendants’ purported conspiracy pursuant to which defendants allegedlyconcealed 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 public’s right to defendants’ compliance with laws prohibiting thedistribution of cigarettes to minors. The plaintiffs requestthat the defendants be required to disgorge all profits unjustly received through their saleof cigarettes to plaintiffs. In March 2006 the court dismissed count V (public nuisance)and count VI (unjust enrichment). In July 2006, the plaintiffs filed a motion for classcertification and a class certification hearing was conducted in September 2007. The partiesare awaiting a decision. Merits discovery was stayed pending a ruling by the court on classcertification; class certification discovery is ongoing. On March 3, 2009, plaintiffsfiled a Third Amended Complaint replacing one named class representative with a newplaintiff and adding new allegations regarding defendants’ sale of “light” cigarettes. InMarch 2009, defendants filed a notice of removal to the United States District Court for theNorthern District of Illinois. In April 2009, plaintiffs filed a motion to remand the caseback to the Circuit Court of Cook County. On April 17, 2009, plaintiffs in 11 lights classactions, including *Schwab*, moved to consolidate these 11 actions for pretrial proceedingsbefore Judge Jack Weinstein in the Eastern District of New York in a Multi-districtLitigation entitled *In Re: Light Cigarettes Product Liability Litigation*.
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In Re: Tobacco Litigation (Personal Injury Cases), Case No. 00-C-5000, CircuitCourt, West Virginia, Ohio County (case filed 1/18/00). Although not technically a classaction, the court consolidated approximately 750 individual smoker actions that were pendingprior to 2001 for trial on some common related issues. Liggett was severed from trial ofthe consolidated action. A conference was held on February 10, 2009 which put into place anew case management order and set a trial date for February 1, 2010. For more informationon this case, see Note 8. Contingencies.Parsons, et al. v. A C & S Inc., et al., Case No. 98-C-388, Circuit Court, State ofWest Virginia, Kanawha County (case filed 4/9/98). This personal injury class action isbrought on behalf of plaintiff’s decedent and all West Virginia residents who allegedly havepersonal injury claims arising from their exposure to cigarette smoke and asbestos fibers.The case is stayed as a result of the December 2000 bankruptcy petitions filed by threedefendants in the United States Bankruptcy Court for the District of Delaware.Schwab, et al. [McLaughlin] v. Philip Morris USA, Inc., et al., Case No.1:04-CV-01945-JBW-SMG, USDC, Eastern District of New York (case filed 5/11/04). This classaction sought economic damages on behalf of plaintiffs and all others similarly situatedunder the RICO act challenging the practices of defendants in connection with the marketing,advertising, promotion, distribution and sale of “light” cigarettes. In September 2006, thecourt certified a nationwide class of “light” smokers. The defendants appealed thecertification and, in April 2008, the United States Court of Appeals for the Second Circuitdecertified the class. The case has been remanded to the district court. To date, nofurther proceedings have been held. The time for defendants to respond to the SecondAmended Complaint is May 6, 2009. On April 17, 2009, plaintiffs in 11 lights class actions,including *Schwab*, moved to consolidate these 11 actions for pretrial proceedings beforeJudge Jack Weinstein in the Eastern District of New York in a Multi-district Litigationentitled *In Re: Light Cigarettes Product Liability Litigation*.Young, et al. v. The American Tobacco Company, et al., Case No. 2:97-CV-03851, CivilDistrict Court, State of Louisiana, Orleans Parish (case filed 11/12/97). This purportedpersonal injury class action is brought on behalf of plaintiff and all similarly situatedresidents in Louisiana who, though not themselves cigarette smokers, have been exposed tosecondhand smoke from cigarettes which were manufactured by the defendants, and who sufferedinjury as a result of that exposure. The plaintiffs seek to recover an unspecified amountof compensatory and punitive damages. In October 2004, the trial court stayed this casepending the outcome of the appeal in *Scott v. American Tobacco Co., Inc.*For moreinformation on the *Scott*case, see Note 8. Contingencies.b) Price FixingSmith, et al. v. Philip Morris Companies, Inc., et al., Case No. 00-CV-26, DistrictCourt, Kansas, Seward County (case filed 2/7/00). In this class action, plaintiffs allegethat defendants conspired to fix, raise, stabilize, or maintain prices for cigarettes in theState of Kansas. The court granted class certification in November 2001 and discovery isproceeding. No trial date has been set.
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**III.****GOVERNMENTAL ACTIONS**City of St. Louis, et al. v. American Tobacco Company, Inc., et al., Case No.CV-982-09652, Circuit Court, State of Missouri, City of St. Louis (case filed 12/4/98).City of St. Louis and approximately 40 hospitals (approximately 50 hospitals were originallysued, but nine dismissed their claims with prejudice) seek to recover past and future costsexpended to provide healthcare to Medicaid, medically indigent, and non-paying patientssuffering from tobacco-related illnesses, from multiple defendants including Liggett GroupLLC and Vector Group Ltd.. In June 2005, the court granted defendants’ motion for summaryjudgment as to claims for damages which accrued prior to November 16, 1993. The claims fordamages which accrued after November 16, 1993 are pending. Discovery is pending. Trial isscheduled to commence on June 7, 2010.Crow Creek Sioux Tribe v. American Tobacco Company, et al., Case No. CV 97-09-082,Tribal Court of the Crow Creek Sioux Tribe, State of South Dakota (case filed 9/26/97).The plaintiffs seek to recover actual and punitive damages, restitution, funding of aclinical cessation program, funding of a corrective public education program anddisgorgement of unjust profits from sales to minors. The case is dormant.**IV.****THIRD-PARTY PAYOR ACTIONS**General Health Services (Kupat Holim Clalit) v. Philip Morris, Inc., et al., CaseNo. 1571/98, District Court, Jerusalem, Israel (case filed 9/28/98). General HealthServices seeks to recover the past and future value of the total expenditures forhealth-care services provided to residents of Israel resulting from tobacco related diseasealong with interest, increased and/or exemplary damages and costs. Motions filed by thedefendants are pending before the Israel Supreme Court, seeking appeal from a lower court’sdecision granting leave to plaintiff for foreign service of process. A hearing occurred inMarch 2005. A decision is pending. For more information on the *General Health Services*case, see Note 8. Contingencies.National Committee to Preserve Social Security and Medicare, et al. v. Philip MorrisUSA, Inc., et al., 1:08-CV-02021-RJD-JO, USDC, Eastern District of New York (case filed5/20/08). Plaintiffs filed this action pursuant to the Medicare as Secondary Payer (“MSP”)statute to recover for Medicare expenditures made from May 21, 2002 to the present.Defendants’ Motion to Dismiss and Plaintiffs’ Motion for Partial Summary Judgment were filedin July 2008 and have been fully briefed. A hearing on the motions was held on November 20,2008 and, on March 5, 2009, the court granted the Defendants’ Motion to Dismiss the case.On March 13, 2009, plaintiffs moved for reconsideration which was denied by the court.
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