Tobacco firms may appeal to save billions

The tobacco producers are expected to appeal against a judgement in a Florida court which could cost them billions of dollars…

The tobacco producers are expected to appeal against a judgement in a Florida court which could cost them billions of dollars.

After a trial in a class action claim that lasted a year, a six-member jury which included one smoker found that the five big tobacco companies have been responsible for the deaths and diseases of hundreds of thousands of inhabitants of Florida due to smoking. The jury also found that the companies conspired to hide the danger and the addictive nature of cigarettes.

The next phase will be for the jury to award compensatory and punitive damages to the nine plaintiffs, who also represent about 500,000 people in Florida suing the tobacco companies. If most of these claimants sue, the damages would run into billions of dollars according to experts but the companies are certain to start the appeals process as soon as the first award is announced.

In the damages phase of the action, the companies will be able to argue that people choose to smoke and could give up cigarettes any time they wish. The companies are also expected to argue that the public have long been aware of the dangers of smoking.

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The jury found unanimously against the companies on each of 10 counts. These included that cigarettes cause cancer and other disorders and are addictive. The counts also say that the companies lied and made misleading statements.

To qualify for damages, the nine plaintiffs and any others who follow them in making individual claims must now show that they suffer from one of more of the 20 diseases that qualify, that their health problems were caused by smoking and that they were deceived by the industry's conduct.

Lawyers point out that this phase could last a long time. The companies may also ask a higher Florida court to decertify the class action suit on the grounds that there are not enough common factors among the class members and that the resolution of the case would be legally cumbersome.