Jared Lerner

A federal jury in Jacksonville found for Judith Berger, a forty-year smoker with end-stage COPD, on all claims against Philip Morris USA in September 2014. It awarded $6,250,000 in compensatory damages and $20,760,000.14 in punitive damages. The trial court set aside the fraud claims and the punitive award, but the Eleventh Circuit reinstated them in 2018 and held in 2021 that the punitive award was not unconstitutionally excessive.

A federal jury in Jacksonville found that cigarettes made by R.J. Reynolds were a legal cause of a Florida man's death from lung cancer in 1996. It awarded his widow $5.9 million in compensatory damages and assigned 27.5 percent of the fault to him, which produced a judgment of $4,277,500. In October 2014 the Eleventh Circuit reversed over the exclusion of evidence of his alcohol use and remanded for a new trial, and the case settled on undisclosed terms in January 2015 before any retrial.

A Duval County jury returned a $1.83 million verdict against R.J. Reynolds Tobacco in the wrongful-death claim of Kenneth Hiott, a longtime smoker who died of lung cancer; the trial court reduced the award to $730,000 based on comparative fault, and Florida's First District Court of Appeal affirmed in January 2014.