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 and survivors of a deceased smoker. The case ispresently scheduled 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 and survivors of a deceased smoker. Trialcommenced on 07/13/09.Cox v. R.J. Reynolds, et al., Case No. 01-2008-CA-3712, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 07/25/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 02/16/10.Douglas v. R.J. Reynolds, et al., Case No. 08-8108, Circuit Court of the13th Judicial Circuit, Florida, Hillsborough County (case filed 11/02/07). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the three week trial period starting 03/01/10.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 three week trial period starting 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 (plus$95,972 in economic damages) but found plaintiff 40% at fault, which reduced the damagesaward accordingly. No punitive damages were awarded. The final judgment was entered onMarch 30, 2009. Liggett has appealed the verdict. In May 2009, the court grantedplaintiff’s motion for an award of attorneys’ fees, but, has not scheduled a hearing todetermine the amount of the award.Gil de Rubio v. R.J. Reynolds, et al., Case No. 16-2007-CA-12167-AXXXMA, CircuitCourt of the 4th Judicial Circuit, Florida, Duval County (case filed 12/20/07).One individual suing on behalf of the estate and survivors of a deceased smoker. The caseis presently scheduled for trial in 05/10.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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period of 09/29/09 – 12/18/09.Hall v. R.J. Reynolds, et al., Case No. 01-2008-CA-5098, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 03/17/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 01/19/10.
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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 and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 04/05/10.Hanners v. R.J. Reynolds, et al., Case No. 07-CA-020540, Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 11/14/07). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for trial starting 10/12/10.Harvey v. R.J. Reynolds, et al., Case No. 01-2007-CA-5087, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 12/10/07). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 03/01/10.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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period of 01/04/10 – 03/26/10.Hetzner v. R.J. Reynolds, et al., Case No. 2008-32278-CICI, Circuit Court of the7th Judicial Circuit, Florida, Volusia County (case filed 06/30/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for trial starting 12/07/09.Humpal v. R.J. Reynolds, et al., Case No. 2008-30055-CICI, Circuit Court of the7th Judicial Circuit, Florida, Volusia County (case filed 01/05/09). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for trial starting 12/07/09.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 of 01/04/10 –03/26/10.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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period of 01/04/10 – 03/26/10.Lukacs v. R. J. Reynolds, et al., Case No. 01-38-22 CA23, Circuit Court of the11th Judicial Circuit, Florida, Miami-Dade County (case filed 12/15/01). Oneindividual suing as Personal Representative of the estate and survivors of a deceasedsmoker, as a decertified *Engle*class member. In June 2002, the jury awarded $37,500,000 incompensatory damages, jointly and severally, which was subsequently reduced by the court.The jury found Liggett 50% responsible. In August 2008, the court entered judgment in theamount of $24,835,000, plus interest from June 2002. In October 2008, plaintiff withdrewher request for punitive damages. In November 2008 the court entered final judgment. InDecember 2008 the defendants appealed the decision to the Third District Court of Appeal.Briefing is underway. For more information on the *Lukacs*case, see Note 8. Contingencies.
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Mack v. R.J. Reynolds, et al., Case No. 01-2008-CA-3256, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 7/25/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 03/16/10.Marrafino 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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period of 01/12/10 — 03/26/10.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 the estate of a deceased smoker. The case is presentlyscheduled for the two week trial period starting 06/07/10.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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period of 03/29/10 – 06/25/10.Muhlig v. Philip Morris, et al., Case No. 07-46352, Circuit Court of the11th Judicial Circuit, Florida, Miami-Dade County (case filed 12/28/07). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 11/30/09.Oliva v. R.J. Reynolds, et al., Case No. 2008-CA-001288, Circuit Court of the4th Judicial Circuit, Florida, Clay County (case filed 11/15/07). Twoindividuals suing. The case is presently scheduled for trial starting 02/16/10.O’Dwyer-Harkins v. R.J. Reynolds, et al., Case No. 16-2008-CA-000009-XXXXMA,Circuit Court of the 4th Judicial Circuit, Florida, Duval County (case filed01/02/08). One individual suing as on behalf of the estate and survivors of a deceasedsmoker. The case is presently scheduled for trial in 08/10.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 three week trial periodstarting 01/11/10.Perry v. R.J. Reynolds, et al., Case No. 01-2008-CA-150, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 07/25/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 05/18/10.Piendle v. R.J. Reynolds, et al., Case No. 2008-CA-38777, Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 12/08/08). Oneindividual suingon behalf of the estate and survivors of a deceased smoker. The case is scheduled for thesix week trial period starting 01/12/10.
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Price v. R.J. Reynolds, et al., Case No. 16-07-CA-011551, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 12/07/07). Twoindividuals suing. The case is scheduled for trial during 06/10.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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period of 03/29/10 – 06/25/10.Rey v. Philip Morris, et al., Case No. 07-46340, Circuit Court of the11th Judicial Circuit, Florida, Miami-Dade County (case filed 12/28/07). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 11/30/09Richter v. R.J. Reynolds, et al., Case No. 50 2008-CA-038650, Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 12/08/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for trial on or about 08/23/10.Rizzuto v. Liggett Group LLC, et al., Case No. H27-CA-2008-003318, Circuit Court ofthe 5th Judicial Circuit, Florida, Hernando County (case filed 05/21/08). Thecase is presently scheduled for the three week trial period starting 02/15/10.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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period starting 11/02/09.Rohrv. 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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period of 03/29/10 – 06/25/10.Sayles v. R.J. Reynolds, et al., Case No. 50 2008-CA-38599, Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 11/06/07). Oneindividual suing. The case is presently scheduled for the trial period starting 04/26/10.Sigl v. R.J. Reynolds, et al., Case No. 16 2007-CA-011654, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 12/11/07). Oneindividual suing. The case is presently scheduled for the trial period starting 03/15/10.Simon v. R.J. Reynolds, et al., Case No. 50 2008-CA-038812, Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 11/9/07). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for the trial period starting 03/1/10.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 behalfof the estate and survivors of a deceased smoker. The case is presently scheduled for thetrial period of 01/04/10 – 03/26/10.
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Soffer v. R.J. Reynolds, et al., Case No. 01-2008-CA-3979, Circuit Court of the8th Judicial Circuit, Florida, Alachua County (case filed 08/15/08). Oneindividual suing on behalf of the estate. The case is presently scheduled for the two weektrial period starting 04/20/10.Sotherden 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 and survivors of a deceased smoker. The case ispresently scheduled for the two week trial period starting 01/04/10.Stalley v. R.J. Reynolds, et al., Case No. 08-22565, Florida, , Circuit Court ofthe 13th Judicial Circuit, Florida, Hillsborough County (case filed 12/03/07).One individual suing on behalf of the estate and survivors of a deceased smoker. The caseis presently scheduled for the three week trial period starting 03/8/10.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 and survivors of a deceased smoker. The case ispresently scheduled for the two 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 and survivors of a deceased smoker. The case ispresently scheduled for the trial period of 01/04/10 – 03/26/10.Warrick v. R.J. Reynolds, et al., Case No. 16-2007-CA-11654-QXXXMA, Circuit Courtof the 4th Judicial Circuit, Florida, Duval County (case filed 12/11/07). Oneindividual suing. The case is presently scheduled for trial in 07/10.Weingart v. R.J. Reynolds, et al., Case No. 08-CA-038878, Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 12/8/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. The case ispresently scheduled for trial starting 10/12/10.Weir v. R.J. Reynolds, et al., Case No. 16-07-CA-11552-DXXXMA, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 12/07/07). Oneindividual suing on behalf of the estate and survivors of a deceased smoker. This case ispresently scheduled for trial starting 11/02/09.Willis v. R.J. Reynolds, et al., Case No. 41-2008-9589, 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 Inc., et al., Case No. 50-2008-CA-25429 (AJ), Circuit Courtof the 15th Judicial Circuit, Florida, Palm Beach County (case filed 08/25/08).Oneindividual suing as personal representative of the estate and survivors of a deceasedsmoker.Caldwell v. Philip Morris Inc., Case No. 08-000391 (AA), Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 01/07/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker.
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Cowartv. Liggett Group Inc., Case No. 98-01483-CA, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 03/16/98). Oneindividual suing. Liggett is the only tobacco company defendant in this case. The case isdormant.Davis v. Liggett Group Inc., Case No. 02-48914, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 10/04/02). In April2004, a jury awarded compensatory damages of $540,000 against Liggett, plus interest, whichwas paid by Liggett in February 2009, after the award was affirmed on appeal. In addition,plaintiff’s counsel was awarded legal fees of $752,000. In March 2008, the Fourth DistrictCourt of Appeal reversed and remanded the legal fee award for further proceedings in thetrial court. A hearing on the legal fees occurred on June 26, 2009. A decision ispending.Diamond v. R.J. Reynolds, et al., Case No. 08-24533, Circuit Court of the17thJudicial Circuit, Florida, Broward County (case filed 05/30/08). Oneindividual suing.Fine v. Philip Morris Inc., Case No. 08-000383 (AA), Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 01/07/08). Oneindividual suing on behalf of the estate and survivors of a deceased smoker.Grose v. R.J. Reynolds, et al., Case No. 08-38276, Circuit Court of the17th Judicial Circuit, Florida, Broward County (case filed 08/15/08). Oneindividual suing as personal representative of the estate and survivors of a deceasedsmoker.Hikin, et al. v. Philip Morris Inc., et al., Case No. 08-57479, Circuit Court ofthe 17th Judicial Circuit, Florida, Broward County (case filed 11/21/08). Twoindividuals 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, et al., Case No. CL 95-98769 (AH), Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 07/24/96). Oneindividual suing. Plaintiff asserted claims for negligence and strict liability againsteach defendant and a claim for punitive damages against R.J. Reynolds. On February 27,2009 plaintiff passed away. The case is inactive while a decision is made by plaintiff’sestate as to whether to pursue the matter.Meckler v. Liggett Group Inc., Case No. 97-03949-CA, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 07/10/97). Oneindividual suing. Liggett is the only tobacco company defendant in this case. The case isdormant.Rawls v. Liggett Group Inc., Case No. 97-01354-CA, Circuit Court of the4th Judicial Circuit, Florida, Duval County (case filed 03/06/97). Oneindividual suing. Liggett is the only tobacco company defendant in this case. The case isdormant.Spivak v. Philip Morris Inc., et al., Case No. 08-19309 (AH), Circuit Court of the15th Judicial Circuit, Florida, Palm Beach County (case filed 06/26/08). Oneindividual 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 07/27/06). 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 07/25/00).Seven individuals suing.Hunter, et al. v. R. J. Reynolds, et al., Case No. 2002/18748m, Circuit Court ofthe Civil District Court, Louisiana, Parish of Orleans (case filed 12/04/02). Twoindividuals 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 05/17/00).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 05/27/97). One individualsuing.Reese, et al. v. R. J. Reynolds, et al., Case No. 2003-12761, Circuit Court of the22nd Judicial District Court, Louisiana, St. Tammany Parish (case filed06/10/03). Five individuals suing.**Maryland**Slaughter v. John Crane-Houdaille, Inc., et al., Case No. 24-X-06-000394, CircuitCourt, Maryland, Baltimore City (case filed 02/10/09). 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.**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 (case filed 03/05/08). One individual suing. The case was originallyfiled in the Circuit Court of Copiah County, Mississippi and was removed to Federal Courtin April 2008. Trial is scheduled to commence in January 2011.**Missouri**Nuzum v. Brown & Williamson Tobacco Corporation, et al., Case No. 03-CV-237237,Circuit Court, Missouri, Jackson County (case filed 05/21/03). Two individuals suing.Discovery is pending.**New York**Brantley v. The American Tobacco Company, et al., Case No. 114317/01, Supreme Courtof New York, New York County (case filed 07/23/01). One individual suing.Debobes v. The American Tobacco Company, et al., Case No. 29544/92, Supreme Courtof New York, Nassau County (case filed 10/17/97). One individual suing.
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Gouveia, et al. v. Fortune Brands, Inc., et al., Case No. 210671/04, Supreme Courtof New York, Rensselaer County (case filed 09/16/97). Two individuals suing. A Note ofIssue was served on February 12, 2008. Summary Judgment motions were filed in May2008, but the court ordered that the parties revise and brief those motions after theoutcome of a Court of Appeals case, *Rose v. Brown & Williamson Tobacco Corp*. Defendantsfiled the revised summary judgment motions in March 2009. The return date forthese motions has been schedule for August 17, 2009.Hausrath, et al. v. Liggett Group LLC, Case No. I2001-09526, Supreme Court of NewYork, Erie County (case filed 01/24/02). Two individuals suing. Liggett is the onlydefendant in this case.James v. The American Tobacco Company, et al., Case No. 103034/02, Supreme Court ofNew York, New York County (case filed 04/04/97). One individual suing.Shea, et al. v. The American Tobacco Company, et al., Case No. 008938/03, 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 07/28/97). One individual suing.Tomasino, et al. v. The American Tobacco Company, et al., Case No. 027182/97,Supreme Court of New York, Nassau County (case filed 09/23/97). Two individuals suing.Tormey, et al. v. The American Tobacco Company, et al., Case No. 2005-0506, SupremeCourt of New York, Onondaga County (case filed 01/25/05). Two individuals suing.Yedwabnick v. The American Tobacco Company, et al., Case No. 20525/97, SupremeCourt of New York, Queens County (case filed 09/19/97). One individual suing. A Note ofIssue 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 08/25/05). 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 03/20/01). Two individuals suing.Little v. The American Tobacco Company, et al., Case No. 01-C-235, Circuit Court,West Virginia, Ohio County (case filed 06/04/01). One individual suing.**II.****CLASS ACTION CASES**a) Smoking RelatedBrown, et al. v. American Tobacco Company, Inc., et al., (In Re: Tobacco II Cases) Case No. 711400, Superior Court of California, County of San Diego (case filed10/01/97). In April 2001,
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under the California Unfair Competition Laws and the ConsumerLegal Remedies Act, the court granted in part the plaintiffs’ motion for certification of aclass composed of residents of California who smoked at least one of the defendants’cigarettes from June 10, 1993 through April 23, 2001, and who were exposed to thedefendants’ marketing and advertising activities in California. The action was broughtagainst the major U.S. cigarette manufacturers, including Liggett, seeking to recoverrestitution, disgorgement of profits and other equitable relief under California Businessand Professions Code. Certification was granted as to the plaintiffs’ claims that thedefendants violated § 17200 of the California Business and Professions Code pertaining tounfair competition. The court, however, refused to certify the class under the CaliforniaLegal Remedies Act or the plaintiffs’ common law claims. Following the November 2004passage of a proposition in California that changed the law regarding cases of this nature,the defendants moved to decertify the class. In March 2005, the court granted thedefendants’ motion. In May 2005, the plaintiffs appealed. In September 2006, theCalifornia Court of Appeal affirmed the order decertifying the class. In May 2009, theCalifornia Supreme Court reversed the order of decertification and remanded the case forfurther proceedings regarding whether the class representatives can demonstrate standing.In June 2009, the defendants filed a Petition for Rehearing in the California SupremeCourt. The California Supreme Court will decide whether rehearing will be granted ordenied no later than August 14, 2009.Cleary, et al. v. Philip Morris, Inc., et al., Case No. 09-CV-1956, U.S. DistrictCourt for Northern District of Illinois (case was originally filed 06/03/98 in CircuitCourt of Cook County, Illinois). The action was brought on behalf of persons who haveallegedly been injured by (1) the defendants’ purported conspiracy pursuant to whichdefendants allegedly concealed material facts regarding the addictive nature of nicotine;(2) the defendants’ alleged acts of targeting their advertising and marketing to minors;and (3) the defendants’ claimed breach of the public’s right to defendants’ compliance withlaws prohibiting the distribution of cigarettes to minors. The plaintiffs request that thedefendants be required to disgorge all profits unjustly received through their sale ofcigarettes to plaintiffs. In March 2006 the court dismissed count V (public nuisance) andcount VI (unjust enrichment). In July 2006, the plaintiffs filed a motion for classcertification and a class certification hearing was conducted in September 2007. Theparties are awaiting a decision. Merits discovery was stayed pending a ruling by the courton class certification; class certification discovery is ongoing. In March 2009,plaintiffs filed a Third Amended Complaint replacing one named class representative with anew plaintiff and adding new allegations regarding defendants’ sale of “light”cigarettes. In March 2009, defendants filed a notice of removal to the United StatesDistrict Court for the Northern District of Illinois. In April 2009, plaintiffs filed amotion to remand the case back to the Circuit Court of Cook County. On April 17, 2009,plaintiffs in 11 “lights” class actions, including *Cleary*, moved to consolidate these 11actions for pretrial proceedings in the United States District Court for the EasternDistrict of New York or, alternatively, the Southern District of Florida, in aMultidistrict Litigation entitled *In Re: Light Cigarettes Product Liability Litigation*.In Re: Tobacco Litigation (Personal Injury Cases), Case No. 00-C-5000, CircuitCourt, West Virginia, Ohio County (case filed 01/18/00). Although not technically a classaction, the court consolidated approximately 750 individual smoker actions that werepending prior to 2001 for trial on some common related issues. Liggett was severed fromtrial of the consolidated action. A conference was held in February 2009 which put intoplace a new case management order and scheduled a trial date for February 1, 2010. Formore information on 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 04/09/98). This personal injury class action isbrought on behalf of
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plaintiff’s decedent and all West Virginia residents who allegedlyhave personal injury claims arising from their exposure to cigarette smoke and asbestosfibers. The case is stayed as a result of the December 2000 bankruptcy petitions filed bythree defendants in the United States Bankruptcy Court for the District of Delaware.Schwab [McLaughlin], et al. v. Philip Morris USA, Inc., et al., Case No.1:04-CV-01945-JBW-SMG, USDC, Eastern District of New York (case filed 05/11/04). Thisclass action sought economic damages on behalf of plaintiffs and all others similarlysituated under the RICO act challenging the practices of defendants in connection with themarketing, advertising, promotion, distribution and sale of “light” cigarettes. InSeptember 2006, the court certified a nationwide class of “light” smokers. The defendantsappealed the certification and, in April 2008, the United States Court of Appeals for theSecond Circuit decertified the class. The case has been remanded to the district court.To date, no further proceedings have been held. On April 17, 2009, plaintiffs in 11“lights” class actions, including *Schwab*, moved to consolidate these 11 actions forpretrial proceedings in the United States District Court for the Eastern District of NewYork, or, alternatively, the Southern District of Florida, in a Multidistrict Litigationentitled *In Re: Light Cigarettes Product Liability Litigation*.Young, et al. v. The American Tobacco Company, et al., Case No. 2:97-CV-03851,Civil District Court, State of Louisiana, Orleans Parish (case filed 11/12/97). Thispurported personal injury class action is brought on behalf of plaintiff and all similarlysituated residents in Louisiana who, though not themselves cigarette smokers, have beenexposed to secondhand smoke from cigarettes which were manufactured by the defendants, andwho suffered injury as a result of that exposure. The plaintiffs seek to recover anunspecified amount of compensatory and punitive damages. In October 2004, the trial courtstayed this case pending the outcome of the appeal in *Scott v. American Tobacco Co., Inc.*For more information on the *Scott*case, see Note 8. Contingencies.b) Price FixingSmith, et al. v. Philip Morris Inc., et al., Case No. 00-CV-26, District Court,Kansas, Seward County (case filed 02/07/00). In this class action, plaintiffs allege thatdefendantsconspired to fix, raise, stabilize, or maintain prices for cigarettes in the State ofKansas. The court granted class certification in November 2001 and discovery isproceeding.**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 12/04/98).City of St. Louis and approximately 40 hospitals (over 50 hospitals originally filed suit,but some have since dismissed their claims with prejudice) seek to recover past and futurecosts expended to provide healthcare charity and bad debt patients suffering fromtobacco-related illnesses, from multiple defendants including Liggett Group LLC, Liggett &Myers Inc. and Vector Group Ltd. In June 2005, the court granted defendants’ motion forsummary judgment as to claims for damages which accrued prior to November 16, 1993. Theclaims for damages which accrued after November 16, 1993 are pending. Discovery ispending. Trial is scheduled to commence on June 7, 2010.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, State of South Dakota (case filed09/26/97). The plaintiffs seek to recover actual and punitive damages, restitution,funding of a clinical cessation
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program, funding of a corrective public education programand disgorgement 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 09/28/98). 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 filed05/20/08). 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 werefiled in July 2008. In March 2009, the court granted the Defendants’ Motion to Dismiss thecase. In April 2009, the court denied plaintiffs’ motion for reconsideration. Plaintiffsappealed to the United States Court of Appeals for the Second Circuit.
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