BRIEFLY / TOBACCO : Court to Review Pro-Industry Ruling

A Florida appeals court has agreed to reconsider a pro-tobacco ruling it made in the landmark Engle class-action lawsuit against cigarette makers, reopening the prospect of huge punitive damages against them. The 3rd District Court of Appeal vacated a Sept. 3 ruling in which it said smokers’ claims for punitive damages must be heard individually rather than as a class. The Sept. 3 ruling had been considered a huge victory for tobacco firms because it ended the possibility that they would be hit with a massive punitive damage award that could have ranged from $200 billion to $500 billion. In July, a Miami-Dade County Circuit Court jury found that smoking causes cancer and other diseases and ruled tobacco companies hid the dangers of their products. The Engle case, named after Miami pediatrician Howard Engle, who suffers from emphysema he blames on smoking, claimed damages on behalf of 40,000 to 500,000 Floridians sickened by cigarette smoking. In the ruling issued Friday, the appeals court said it will hear arguments from the two sides Sept. 30. Attorneys for the two sides are under a gag order and are not allowed to comment on rulings.