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Tobacco Companies Can Not Sell Their Stories in Connecticut Either  

This new Connecticut case is interesting in a few ways. Big Tobacco brought on its typical defenses of cigarettes are not addictive, but if they are addictive, the plaintiff could have quit if she really tried; that there were warnings about the dangers of smoking on the cigarette packages, if they are dangerous; and that if cigarettes are dangerous, they only are because of the ingredients that are naturally found in tobacco.

The court set forth a number of things brought into evidence in the case that justified the jury verdict of $28 million.

During the 1970’s, RJ Reynolds was losing market share in the new smoker group and was desirous of catching up with their competitors . . .

The truth is that Tobacco companies want the public to believe its version of revised history. Big Tobacco needs the public and juries to believe they did not manipulate cigarettes to increase addictiveness and that anyone can quit anytime they want; they need them to believe the industry did not spend billions of dollars trying to convince the public that cigarettes were not just safe, but actually healthy for you; and they need them to believe that smokers who started smoking back in the 1940’s and 1950’s knew about the dangers of smoking.

In sum, Big Tobacco is still selling poison. They still have cigarettes on the market that addict and kill people every day. Now, though, they are also selling lies, fiction and fables to jurors and the public; well, at least to those who do not remember anything but Tobacco’s revisionist history.

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Cigarette company denied new trial in Norwich woman’s case  

R.J. Reynolds Tobacco Co. has been denied its motion for a new trial in the case of Norwich resident Barbara Izzarelli, a cancer sufferer who earlier won a $28 million judgement. . . .

Edward L. Sweda Jr., senior attorney for the Tobacco Products Liability Project based at Boston's Northeastern University School of Law, called Underhill's ruling a "resounding repudiation of R.J. Reynolds' legal arguments and distortions of the trial record."

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Judge upholds $28M judgment against R.J. Reynolds  

A federal judge has denied a motion by cigarette maker R.J. Reynolds Tobacco Co. R.J. Reynolds Tobacco Co. Latest from The Business Journals Tobacco companies sue to stop graphic warningsTobacco companies sue to stop graphic warningsControversial ad campaign doesn't cause much pain for RJR Follow this company for a new trial in the case of a Connecticut woman awarded a $28 million judgment for injuries from smoking.

Barbara Izzarelli was awarded $12 million by a jury in May 2010 after she was diagnosed and treated for cancer after smoking Salem King cigarettes for 25 years, according to The Day of New London newspaper.

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RJ Reynolds Loses Bid For New Trial In $28M Suit ($$) 

A Connecticut federal judge ruled Friday that R.J. Reynolds Co. should not get a new trial after a long-time smoker won $28 million in damages against the tobacco giant in her lawsuit accusing it of partly causing her throat cancer.

U.S. District Judge Stefan R. Underhill rejected R.J. Reynolds' bid for a new trial or for judgment as a matter of law, in part because many of the company's assertions in support of its motion "rely on a wholly inaccurate description of the trial record," he...

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• Federal Judge Blasts RJ Reynolds for Providing a “Wholly Inaccurate Description of the Trial Record” and Upholds Multi-Million Dollar Verdict 

U.S. District Court Judge Stefan R. Underhill on Friday denied R.J. Reynolds’ motion for a new trial or for judgment as a matter of law in the case of Izzarelli v. R.J. Reynolds Tobacco Co. Barbara Izzarelli smoked Salem King cigarettes for 25 years until she was diagnosed and treated for larynx cancer at the age of 36. On May 26, 2010, a Connecticut jury determined that RJR was 58% responsible for her injuries and that Ms. Izzarelli was 42% responsible for her injuries.

An amended judgment, which includes punitive damages ($3,970,289.87) and interest, amounted to $28,079,629.27. Ms. Izzarelli is represented by Silver, Golub & Teitell of Stamford, CT. The firm’s telephone is 203-325-4491.

Judge Underhill concluded his ruling as follows: “R.J. Reynolds’ motion for a new trial or for judgment as a matter of law raises a myriad of claims, issues and arguments. Many of the assertions made in support of its motion fail the straight-face test and rely on a wholly inaccurate description of the trial record. Although this ruling does not address every one of R.J. Reynolds’ arguments, I have considered them all and find them to be meritless. Accordingly, R.J. Reynolds’ motion for judgment as a matter of law, or in the alternative for a new trial, is denied.”

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• IZZARELLI v. RJR: RULING ON MOTION FOR A NEW TRIAL AND RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW (PDF) 

Barbara Izzarelli smoked Salem King cigarettes for over twenty-five years until she was diagnosed and treated for larynx cancer at the age of 36. On May 26, 2010, after fourteen days of evidence, a jury determined that R.J. Reynolds Tobacco Company (“R.J. Reynolds”), the manufacturer of Salem King cigarettes, was 58% responsible for Izzarelli’s injuries, under theories of strict liability and negligent design, and that Izzarelli was 42% responsible for her injuries.1 At the close of Izzarelli’s case, R.J. Reynolds moved for judgment as a matter of law pursuant to Rule 50 of the Federal Rules of Civil Procedure. See Motion for Judgment as a Matter of Law (doc. # 406). I reserved ruling on that motion. After judgment entered, R.J. Reynolds timely renewed its motion for judgment as a matter of law and filed, in the alternative, a motion for a new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure. See Motion for New Trial (doc. # 482).

In its renewed motion for judgment as a matter of law and motion for a new trial, R.J. Reynolds argues that the evidence presented at trial is insufficient, as a matter of law, to support the jury’s verdict; that I erred in precluding testimony about certain “risk factors” for larynx cancer; that I improperly permitted evidence of so-called “youth marketing;” and that the jury was improperly instructed on Connecticut’s product liability law and the law of punitive damages. Those claimed errors, R.J. Reynolds contends, entitle it to judgment as a matter of law or, in the alternative, a new trial. For the reasons that follow, the motion is denied. . . .

R.J. Reynolds’ motion for a new trial or for judgment as a matter of law raises a myriad of claims, issues and arguments. Many of the assertions made in support of its motion fail the straight-face test and rely on a wholly inaccurate description of the trial record. Although this ruling does not address every one of R.J. Reynolds’ arguments, I have considered them all and find them to be meritless. Accordingly, R.J. Reynolds’ motion for judgment as a matter of law, or in the alternative for a new trial, is denied.

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Conn. Smoker Wins $16M In Interest From RJ Reynolds ($$) 

Law360, New York (March 3, 2011) -- A federal judge Wednesday granted a Connecticut smoker nearly $16 million in interest on the jury award in her suit against tobacco giant R.J. Reynolds Co., ruling that state law requires interest when an reasonable early settlement offer is rejected.

Judge Stefan R. Underhill of the U.S. District Court for the District of Connecticut rejected R.J. Reynolds' arguments that it was not properly notified of the settlement offer and that...

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Judge awards $15.7 million in interest to Norwich woman  

Just laughing can send Barbara Izzarelli into a choking fit.

Izzarelli, 50, learned Thursday that a federal judge had awarded her nearly $16 million in interest in addition to the $12 million she had already won last year in a jury trial against R.J. Reynolds Tobacco Co.

"I'm sorry," Izzarelli said Thursday as her laughter turned into coughing and choking. "I choke all the time. It's terrible. I'm having trouble expressing how happy I am."

Izzarelli, who developed cancer of the larynx, underwent surgery nearly 14 years ago. Her larynx was removed and as a result she now breathes through a hole in her throat. She lost her sense of smell and cannot eat solid foods.

Izzarelli said she smoked Salem cigarettes for 25 years and sued R.J. Reynolds in 1999. The case went to trial in federal court in Bridgeport in 2010. The jury awarded her $8 million in compensatory damages and Judge Stefan Underhill tacked on an additional $4 million in punitive damages.

The jury held that Salem cigarettes were dangerous and defective and the tobacco company acted in reckless disregard for the safety of its consumers.

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Smoker who sued tobacco firm for $12million last year over her larynx cancer wins ANOTHER $16million in interest 

A former smoker who has to breathe through a hole in her throat after suffering larynx cancer has won another $16million from the tobacco company she sued last year for $12million.

Barbara Izzarelli, of Norwich, Connecticut, had her larynx removed 14 years ago, after smoking Salem cigarettes for 25 years.

In 2010 the 49-year-old won her case against R.J. Reynolds Tobacco Company, the company which makes them. Today a judge told her she will receive an extra $15.7million in interest because the firm refused to settle originally.

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Smoking lawsuit winner wants vacation  

Barbara Izzarelli, of Norwich, would like to take a long vacation. If she gets even half of what a court awarded her Wednesday, she can stay as long as she wants.

The former smoker was awarded $15.7 million in interest payments as part of her lawsuit against R.J. Reynolds Tobacco Co. Federal Judge Stefan Underhill handed down the decision, acting on a motion made in December from Izzarelli's lawyer, David Golub.

"I'm pretty happy," Izzarelli said Thursday. "I want to take a vacation. Hawaii looks great after all this snow."

Underhill rejected claims by North Carolina-based R.J. Reynolds that the interest was excessive. Interest is mandatory under the law and is designed to get defendants to accept reasonable settlement efforts, the New Haven judge said.

"Tobacco companies refuse to settle," Golub said Thursday. "It's a nationwide policy. And this is the price they pay." R.J. Reynolds, whose brands include Camel, Winston, Salem and Lucky Strike, is not giving up.

"We will appeal the entire case," spokesman David Howard wrote an e-mail Thursday.

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• Smoking lawsuit winner wants long vacation  

Norwich resident Barbara Izzarelli would like to take a long vacation. If she even gets even half of what a court awarded her Wednesday she can stay as long as she wants.

The former smoker was awarded $15.7 million in interest payments as part of her lawsuit against R.J. Reynolds Tobacco Co. Federal Judge Stefan Underhill handed down the decision, acting on a motion made in December from Izzarelli's lawyer, David Golub.

"I'm pretty happy," Izzarelli said Thursday. "I want to take a vacation. Hawaii looks great after all this snow."

Underhill rejected claims by North Carolina-based R.J. Reynolds that the interest was excessive. Interest is mandatory under the law and is designed to get defendants to accept reasonable settlement efforts, the New Haven-based judge held.

"Tobacco companies refuse to settle," Golub said Thursday. "It's a nationwide policy. And this is the price they pay."

R.J. Reynolds spokesman David Howard wasn't available for immediate comment. Camel, Winston, Salem, and Lucky Strike are among the company's brands. Izzarelli, who came down with larynx cancer after smoking cigarettes from the age of 12, first filed suit in 1999

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• Conn. smoker awarded another $4M in tobacco case 

A Connecticut smoker who won $8 million against a tobacco company last May in the first such jury award in New England has been awarded another $4 million in punitive damages.

Barbara Izzarelli, a Norwich resident who developed larynx cancer, won a jury award of $8 million against R.J. Reynolds Tobacco Co. after a two-week trial. The jury in Bridgeport left the amount of punitive damages up to the judge.

Judge Stefan Underhill ordered punitive damages of $3.97 million Thursday, bringing Izzarelli's total award to nearly $12 million.

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Jury in tobacco case awards smoker $8 million  

"The key to this case were Reynolds' own documents," said David Golub, who headed a legal team which included Jonathan Levine and Marilyn Ramos, all members of Silver, Golub and Teitell, a Stamford law firm.

Izzarrelli, now 49, began smoking when she was 12 years old. . . .

Now Reynolds' lawyers will challenge the verdict first by asking Underhill to set it aside and order a new trial.

If that is unsuccessful they will take the case to the U.S. Second Circuit Court of Appeals in New York City where they could ask to overturn the verdict or in the alternative reduce the damages.

The verdict came late Wednesday afternoon, just moments after the jury sent a note to Underhill asking: "If we award punitive damages can we recommend some of it be used for smoker education."

However, that decision is one Underhill must now make.

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If we award punitive damages can we recommend some of it be used for smoker education?
Note from the Izzarelli jury to U.S. District Judge Stefan R. Underhill.

• Connecticut Law Tribune: Smoker Wins $8 Million 

Specifically, the complaint alleges that R.J. Reynolds stated in 1954 that, if someone could prove a specific ingredient in cigarettes caused cancer, it would remove that ingredient. Golub argued that even after the cancer link was established that R.J. Reynolds did not alter the ingredients of its cigarettes.

Golub also offered evidence that R.J. Reynolds had collected and analyzed information regarding the smoking habits of youths as young as 12. . . .

“Smokers are entitled to show they were the victim of illegal marketing,” said Golub. “I thought this was a case that could show that and other people would be encouraged to bring cases.” Golub has already filed two other cases against tobacco companies.

Howard said the R.J. Reynolds’ legal team, led by attorney Mark Belasic of the national firm Jones Day, was not provided with a full opportunity to assert “a medical defense” that it was improbable that the cigarettes caused Izzarelli’s illness. Another aspect of the appeal, said Howard, would be to contest the admission of evidence regarding youth marketing.

“[The judge] allowed all youth marketing evidence despite the fact that, before trial, one of the plaintiff’s claims was dismissed because there was no evidence that the plaintiff was affected by any quote, unquote youth marketing,” said Howard. . . .

Cummings said that among the 16 million pages of documents obtained from the tobacco companies was evidence of a strategy to get minors hooked on cigarettes. He said that opened the door for more successful claims by plaintiffs.

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Jury in federal case against tobacco company awards smoker $8m  

A federal court jury awarded a smoker more than $8 million late Wednesday day following a 14-day trial in Bridgeport before federal District Court Judge Stefan Underhill.

The plaintiff in the action, Barbara Izzarelli of Norwich, apparently developed larynx cancer after smoking Salem cigarettes for more than 25 years.

The jury found that the Salem cigarettes, manufactured by R.J. Reynolds Tobacco Company, were unreasonably dangerous and defectively designed, according to Izzarelli's attorney, David S. Golub, of the Stamford law firm of Silver Golub & Teitell.

He said the jury also ruled that Reynolds had acted with reckless disregard for the safety of consumers

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