News & Insights

Cases & Deals

June 1, 2018

King & Spalding Obtains Two Dismissals on the Eve of Trial


Judge Cymonie Rowe of the Fifteenth Judicial Circuit of Florida (Palm Beach) issued a pair of orders dismissing two Engle progeny cases mere days from the start of trial.  Judge Rowe found that the Plaintiffs in Faggione v. R.J. Reynolds and Davis v. R.J. Reynolds had failed to develop any evidence that the decedent smokers in those cases were members of the Engle class.  In Davis, the Court found that the Plaintiff did not have any evidence showing that Theodore Davis’s lung cancer and COPD were caused by smoking.  In Faggione, the Court found that Plaintiff could not establish that Joseph Faggione had a smoking-related disease that manifested within the window for Engle class membership.  Dismissals like this are rare in Engle progeny cases — and rarer still on the eve of trial.

The trial teams were led by Cory Hohnbaum, Antonio Lewis and Chad Peterson, and this result would not have been possible without the outstanding efforts of Jeanine Novak, Kevin Kucharz, Toby Tatum, and Rhea Rajkumar.  Patrick Price and Rebeca Ojeda were instrumental in the pretrial management of these cases and Todd Davis took the expert depositions that helped lead to this great outcome.