Date: 10-28-2012

Case Style: R.J. Reynolds Tobacco Company v. Stella Koballa

Case Number: 5D11-2914

Judge: Torpy

Court: Florida Court of Appeal, Fifth District on appeal from the Circuit Court, Volusia County

Plaintiff's Attorney: J. Lester Kaney of Law Office of J. Lester Kaney, Ormond Beach, for Appellee.

Defendant's Attorney: Benjamine Reid and Cristina Alonso of Carlton Fields, P.A., Miami, and Gregory G.
Katsas and Donald B. Ayer of Jones Day, Washington, D.C., for Appellant.

Description: We grant the motion for written opinion, withdraw our previous per curiam
decision and affirm in all respects. Regarding Appellant’s due process argument, we
agree with the decision of the Second District in Philip Morris USA, Inc. v. Douglas, 83
So. 3d 1002 (Fla. 2d DCA 2012). We certify the following question of great public
importance to the supreme court:

DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS
APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246
(FLA. 2006), VIOLATE THE TOBACCO COMPANIES' DUE PROCESS
RIGHTS GUARANTEED BY THE FOURTEENTH AMENDMENT OF THE
UNITED STATES CONSTITUTION?

Outcome:

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: The tobacco industry fights every procedural and substantive law fight in every case to the better end. If you are a lawyer and want to represent a plaintiff in a products liability lawsuit against a tobacco company, you better have lots of money and be tough as hell.