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SMITH v. BROWN & WILLIAMSON TOBACCO CORP.

No. SC 92961.

410 S.W.3d 623 (2013)

Lincoln SMITH, et al., Appellants-Respondents, v. BROWN & WILLIAMSON TOBACCO CORPORATION, Respondent-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 29, 2013.

Attorney(s) appearing for the Case

Kenneth B. McClain and Scott B. Hall of Humphrey, Farrington & McClain in Independence, and Susan Ford Robertson and J. Zachary Bickel of The Robertson Law Group, Kansas City, for The Smith.

Jeffrey S. Bucholtz of King & Spalding, Washington, D.C., Bruce D. Ryder of Thompson Coburn LLP, St. Louis, and William L. Durham II of King & Spalding, Atlanta, for Brown & Williamson.

ZEL M. FISCHER, Judge.

The survivors of Barbara Smith ("the Smiths") appeal from a judgment, entered following remand from the court of appeals for retrial solely on the issue of punitive damages,1 finding Brown & Williamson Tobacco Corporation ("B & W") liable for punitive damages and awarding the Smiths $1.5 million. The Smiths contend that certain evidence admitted by the circuit...

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