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Philip Morris Lost Appeal of $41 Million Verdict

Marlboro Gold Pack cigarette carton top surrounded by other cigarette cartons

A $41 million jury award for a former smoker whose decades-long habit allegedly led to a life with debilitating pulmonary disease isn’t excessive, the Eleventh Circuit said in a ruling against R.J. Reynolds Tobacco Co. and Philip Morris USA Inc.

The jury’s $15.8 million compensatory award, reduced to $12.8 million to reflect Florida resident Kenneth Kerrivan’s own fault, was “consistent with the evidence,” Judge Jill Pryor said Tuesday for the appeals court.

The $25.3 million punitive award, whether viewed as 1.6 times the full compensatory award or twice the reduced amount, is within constitutional bounds, she said. 



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