Theresa Graham v. R.J Reynolds Tobacco Company

In 1998, the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida held a trial—Phase I of the Engle class action—to determine whether the largest domestic tobacco companies (the- “Engle defendants”) engaged *1192in conduct proscribed by Florida tort law.1 The Phase I jury found that each of the Engle defendants engaged in nine different kinds of proscribed conduct.2

Eight years later, the Florida Supreme Court “retain[ed] the jury’s Phase I findings other than those on the fraud and intentional infliction of emotion distress claims.” Engle v. Liggett Group, Inc. (Engle…