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Lawyer Couple Awarded $218M in Fees for Decertified Tobacco Class Action

Posted Apr 16, 2008, 07:55 am CDT
By Debra Cassens Weiss

A husband and wife legal team have been awarded $218 million in fees for helping lay the groundwork for Florida tobacco litigation even though their class action suit was later decertified.

Stanley and Susan Rosenblatt were awarded the fees yesterday for work on a case that initially resulted in a $145 billion punitive verdict against tobacco companies, the Daily Business Review reports. The Florida Supreme Court later overturned the award and decertified the class action.

But lawyers representing tobacco plaintiffs told the court that the Rosenblatts laid the groundwork for much of the continuing litigation against the tobacco industry. Even though the class action was overturned, juries in some 8,000 individual cases may be told to accept as proven that smoking is addictive and causes cancer, based on evidence established in the Rosenblatts’ case, the story says. Juries considering damages may also be told that tobacco companies were negligent and misled consumers.

The fee award by Judge David Miller of Miami will likely be appealed by the tobacco companies, the story says. The companies are also likely to contest what juries can be told about tobacco evidence uncovered in the Rosenblatts’ case.

Among those supporting the Rosenblatts was plaintiffs lawyer Willie Gary. "When I think of the jobs they've done for the people, it gives new meaning to the words ‘hard work,' " he said.

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