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PHILIP MORRIS USA, INC. v. RINTOUL

No. 4D20-1963.

342 So.3d 656 (2022)

PHILIP MORRIS USA, INC., a foreign corporation, R.J. Reynolds Tobacco Company, individually, and as successor by merger to Brown & Williamson Tobacco Corporation, individually and as successor by merger to The American Tobacco Company, a foreign corporation, Lorillard Tobacco Company, a foreign corporation, Liggett Group LLC (f/k/a Liggett Group, Inc., f/k/a Liggett & Myers Tobacco Company), and Vector Group Ltd., Inc. (f/k/a Brooke Group, Ltd.), a foreign corporation, Appellants, v. Bryan RINTOUL, as Personal Representative of the Estate of Edward Caprio, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 2022.

Attorney(s) appearing for the Case

Geoffrey J. Michael of Arnold & Porter Kaye Scholer LLP, Washington, DC and Scott A. Chesin of Shook, Hardy & Bacon LLP, New York, NY, for appellant Philip Morris USA Inc.

Michael A. Carvin of Jones Day, Washington, DC, Eric L. Lundt , and Robert C. Weill of GrayRobinson, Fort Lauderdale, Charles R.A. Morse of Jones Day, New York, NY, and Kenneth M. Grose of Jones Day, Columbus, OH, for appellant R.J. Reynolds Tobacco Company.

Daniel E. Nordby , Steven M. Ebner and Michael A. Muñoz of Shutts & Bowen LLP, Tallahassee, Scott P. Schlesinger , Jonathan R. Gdanski , Steven J. Hammer and Brittany Barron of Schlesinger Law Offices, P.A., Fort Lauderdale, and Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, for appellee.

Mary L. Bonauto and Chris Erchull of GLBTQ Legal Advocates & Defenders, Boston, MA, Freddy Funes of Toth Funes PA, Miami, Andrew J. Fuller of Gelber Schachter & Greenberg, P.A., Miami, and Daniel B. Tilley , ACLU Foundation of Florida, Miami, for Amicus Curiae-GLBTQ Legal Advocates & Defenders and American Civil Liberties Union of Florida.

In this Engle1 progeny wrongful death case, the defendants, Philip Morris ("PM") and R.J. Reynolds ("RJR"), appeal a final judgment in favor of the plaintiff, Bryan Rintoul, as Personal Representative for the Estate of Edward Caprio, awarding substantial compensatory damages to Rintoul as surviving spouse...

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