DR. BURTON S. SCHULER, PETITIONER,

v.

LYDIA MCCAULLEY, RESPONDENT

Citator

Cited By

• Grady Carter v. Brown & Williamson Tobacco Corp., 778 So. 2d 932 (Fla. 2000)
  …HARDING, J. We have for review the decision of Brown & Williamson Tobacco Corp. v. Carter, 723 So. 2d 833 (Fla. 1st DCA 1998), which expressly and directly conflicts with Celotex Corp. v. Copeland, 471 So. 2d 533 (Fla.1985). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. Brown & Williamson and Copeland are in c…
• Laschke v. Brown & Williamson Tobacco Corp., 766 So. 2d 1076 (Fla. 2d DCA 2000)
  …d that the Lasch-kes’ claim for conspiracy to commit fraud through concealment, which attempts to allege a duty beyond that imposed by the Labeling Act, is also preempted for acts occurring after 1969. See Brown & Williamson Tobacco Corp. v. Carter, 723 So. 2d 833 (Fla. 1st DCA 1998), review granted, 732 So. 2d 326 (Fla.1999). We therefore affirm summary judgment in favor of Appellees as to the Laschkes’ post-1969 negligence and strict liability claims for failure to 'warn. We also affirm the post-1969 conspi…
• R.J. Reynolds Tobacco Co. v. Ciccone, 123 So. 3d 604 (Fla. 4th DCA 2013)
  …connection that is the basis for his suit. In forming this decision, the Carter court resolved a conflict between Celotex Corp. v. Copeland, 471 So. 2d 533 (Fla.1985), and the first district’s decision in Brown & Williamson Tobacco Corp. v. Carter, 723 So. 2d 833 (Fla. 1st DCA 1998), both of which illustrate that the rule in Carter is largely based on concerns of fairness to the plaintiff. In Celotex Corp., the plaintiff initiated a products liability suit in 1979 against asbestos manufacturers after learni…