Industry Moves Florida Case to Federal Court

In a surprise move, the tobacco industry switched a landmark Florida smokers’ case and its record-breaking $145-billion verdict to federal court. Tobacco attorneys filed a notice moving the case based on a motion filed by a union health-care plan seeking to intervene on the day of the punitive damage verdict. It was not immediately clear how the filing would affect the case, assigned to U.S. District Judge Ursula Ungaro-Benages. Smokers’ attorney Stanley Rosenblatt will probably file a motion to send the case back to state court. A copy of the federal court filing was obtained after business hours, and there was no immediate comment from tobacco firms. The nation’s five biggest cigarette makers transferred the case based on federal questions raised in the motion filed by the Southeastern Iron Workers health care plan. The union argued some of its members were part of the class and it should be allowed to join the case. Similar motions filed this year with the trial judge, Circuit Judge Robert Kaye, were rejected. The industry also filed a motion challenging the July 14 verdict and laying the groundwork for an appeal in state court.

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