JOSEPHAT MUA AND FRANCOISE VANDENPLAS, PETITIONERS,

v.

CALIFORNIA CASUALTY INDEMNITY EXCHANGE.

Citator

Cited By

• Cote v. R.J. Reynolds Tobacco Co., 909 F.3d 1094 (11th Cir. 2018)
  …tort claims is preempted by federal law. Philip Morris acknowledged that these questions had been decided against it by this Court's decision in Graham v. R.J. Reynolds Tobacco Co. , 857 F. 3d 1169, 1183-86 (11th Cir. 2017) (en banc), cert. denied , 138 S. Ct. 636 (2018), where we held that treating the Engle jury findings on negligence and strict liability as res judicata did not violate due process and that "federal tobacco laws do not preempt state tort claims based on the dangerousness of all the cigarett…
• Burkhart v. R.J. Reynolds Tobacco Co., 884 F.3d 1068 (11th Cir. 2018)
  …class. Id. The third phase would have asked new juries to "decide specific causation and damages for the remaining class members in Phase III." Graham v. R.J. Reynolds Tobacco Co. , 857 F. 3d 1169, 1175 (11th Cir. 2017) (en banc), cert. denied , 138 S.Ct. 636 (2018). However, before Phase III began, the tobacco companies appealed the judgments in both of the first two phases of the trial. Id. at 1178. The Florida Supreme Court affirmed in part and reversed in part. Engle , 945 So. 2d at 1254. The Co…