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The post below was published on Wednesday, December 15th, 2010 at 9:09 AM.

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First District: Engle Progeny Affirmance

This new opinion is being widely circulated. In the first Florida appellate court decision to consider how jury findings from the original Engle class action proceedings can be used in later, so-called progeny cases, the First District affirmed a trial court’s decision allowing the plaintiff in a tobacco-related wrongful death case to utilize the earlier findings. In so holding, the court disagreed with portions of the Eleventh Circuit’s decision in this case, which took a more limited view of how the earlier findings could be used.

The decision also rejected excessiveness challenges to the $25 million punitive damages award entered in the case.

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