Legal Opinion
Henry W. Boerner, Individually and as Administrator of the Estate of Mary Jane Boerner, Deceased v. Brown & Williamson Tobacco Company
Court of Appeals for the Eighth Circuit
Decided January 7, 2005No. 03-3557PublishedCited by 62 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
Brown & Williamson Tobacco Company (B & W) appeals from the judgment entered by the district court1 on the jury’s verdict in favor of Henry W. Boerner (Boerner) on his design defect claim. We affirm, conditioned on Boerner’s acceptance of the remittitur ordered on the punitive damages portion of the jury’s award.
*597I.
Lung cancer was identified in the 1930s and its incidence rose sharply in that same decade. In 1941, Drs. Alton Oschner and Michael DeBakey published “Carcinoma of the Lung” in Archives of Surgery. The article noted the parallel rise in smoking and lung…
2Cases cited18 opinions
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- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Geier v. American Honda Motor Co.Supreme Court of the United States · 2000
- George Williams v. Conagra Poultry Company, Equal Employment Advisory Council, Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2004
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3Cited by62 opinions
- Hunter v. Philip Morris USACourt of Appeals for the Ninth Circuit · 2009
- Burke v. RegaladoCourt of Appeals for the Tenth Circuit · 2019
- United States v. DowdellCourt of Appeals for the First Circuit · 2010
- Jones v. United Parcel Service, Inc.Court of Appeals for the Tenth Circuit · 2012
- Edwin Hardeman v. Monsanto CompanyCourt of Appeals for the Ninth Circuit · 2021
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