Brown, et al. v. R.J. Reynolds Tobacco Company, et al.

Case Updates

The Eleventh Circuit ruled that Engle v. Liggett Group, Inc. does not necessarily have preclusive effect on the specific issues in a $100 billion class action against cigarette manufacturers. The case has been remanded to the district court for factual development using Florida law.

NCLC urged the Eleventh Circuit to affirm the district court’s ruling that the Florida Supreme Court decision Engle v. Liggett Group, Inc. does not have preclusive effect on the specific issues in this case. According to NCLC, generic findings in a single adverse lawsuit should not have preclusive effect over specific issues in another case. NCLC warned that the plaintiffs’ proposal to abandon the “identical-issue” preclusion requirement violates due process by denying defendants’ their right to a full and fair defense. The plaintiffs’ proposed expansion of the preclusion doctrine would radically magnify the stakes in any given lawsuit because a single adverse judgment would define liability for all subsequent related litigation.