Tag Archives: Seventh Amendment

New Trial of Punitive Damages in Tobacco Case Does Not Necessitate Retrying Liability or Compensatory Damages from First Trial, Eleventh Circuit Holds.

In Sowers v. R.J. Reynolds Tobacco Co., No. 18-11901 (11th Cir. Sept. 15, 2020), where the defendant did not dispute that the plaintiff was erroneously denied a punitive-damage trial, the court holds that the Seventh Amendment Reexamination Clause does not command a retrial of liability. Sowers is an “Engle progeny” action, a case emerging fromContinue reading “New Trial of Punitive Damages in Tobacco Case Does Not Necessitate Retrying Liability or Compensatory Damages from First Trial, Eleventh Circuit Holds.”