EARL E. GRAHAM, AS PR OF FAYE DALE GRAHAM, DECEASED, PLAINTIFF-APPELLEE,
v.
R.J. REYNOLDS TOBACCO COMPANY, INDIVIDUALLY AND AS SUCCESSOR BY MERGER TO THE BROWN AND WILLIAMSON TOBACCO CORPORATION AND THE AMERICAN TOBACCO COMPANY, PHILIP MORRIS USA, INC., DEFENDANTS-APPELLANTS, LORILLARD TOBACCO COMPANY, ET AL., DEFENDANTS
EARL E. GRAHAM, AS PR OF FAYE DALE GRAHAM, DECEASED, PLAINTIFF-APPELLEE,
R.J. REYNOLDS TOBACCO COMPANY, INDIVIDUALLY AND AS SUCCESSOR BY MERGER TO THE BROWN AND WILLIAMSON TOBACCO CORPORATION AND THE AMERICAN TOBACCO COMPANY, PHILIP MORRIS USA, INC., DEFENDANTS-APPELLANTS, LORILLARD TOBACCO COMPANY, ET AL., DEFENDANTS
811 F.3d 434
Court of Appeals for the Eleventh Circuit (2016)
Negative Treatment
Cited by 6 cases
Opinion of the Court
BY THE COURT: In an earlier order of this Court, we granted a petition for rehearing en bane in this case. After that order was issued, Chief Judge Carnes discovered that he may be recused and, in an abundance of caution to avoid any appearance of impropriety, .he has recused himself from any participation in the decision of this case. This court’s earlier order granting rehearing en banc is therefore VACATED. As a majority of the judges of this Court in active service and eligible to hear it have voted in favor of granting rehearing en banc, it is ORDERED that this case will be reheard en banc. The panel’s opinion is VACATED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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R.J. Reynolds Tobacco Co. v. Marotta, 214 So. 3d 590 (Fla. 2017)…court in Marotta acknowledged that the United States Court of Appeals for the Eleventh Circuit recently reached the opposite conclusion in Graham v. R.J. Reynolds Tobacco Co., 782 F. 3d 1261 (11th Cir. 2015), reh’g en banc granted, opinion vacated, 811 F. 3d 434 (11th Cir. 2016). In Graham, the federal court held that Engle progeny product liability claims are implicitly preempted by federal law. Id. at 1280. The court determined that the Engle “Phase I findings regarding’strict-liability and negligence amo…
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Philip Morris USA, Inc. v. Lourie, 198 So. 3d 975 (Fla. 2d DCA 2016)…m v. R.J. Reynolds Tobacco Co., 782 F. 3d 1261 (11th Cir.2015), to support their implied preemption claim. But the Eleventh Circuit 'has since vacated' the panel opinion in Graham and granted rehearing en banc. ’ Graham v. R.J. Reynolds Tobacco Co., 811 F. 3d 434 (11th Cir.2016) (vacating the panel opinion and granting rehearing en banc). So the Graham panel opinion no longer has any precedential value. See Blank v. Bethlehem Steel Corp., 738 F.Supp. 1380, 1381 (M.D.Fla.1990). The reasoning in the Graham…
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Graham v. R.J. Reynolds Tobacco Co., 857 F.3d 1169 (11th Cir. 2017)…uglas, the jury was not asked to find that the cigarettes Faye Graham smoked were defective or that the tobacco companies were negligent. Graham v. R.J. Reynolds Tobacco Co., 782 F. 3d 1261, 1273 (11th Cir. 2015), reh’g en banc granted, op. vacated, 811 F. 3d 434 (11th Cir. 2016). The district court treated those findings as having already been established. Id. For the claims of negligence and strict liability, the jury was asked to determine only whether Faye Graham was a member of the Engle class and whet…