What comes next in the Florida smokers' class-action trial against the tobacco industry?
Circuit Judge Robert Kaye avoided making any decisions on the punitive phase until the compensatory verdict was in. The judge and attorneys scheduled a closed-door session Monday to determine the next step.
The smokers' attorneys hope to begin the third phase of the trial as soon as possible, but the industry wants to delay until mid-May. The tobacco companies also could appeal the damage award before the punitive phase begins — with the same six jurors who ruled against them Friday.
The smokers can ask for damages to punish the industry for selling a deadly product to an estimated 500,000 sick Florida smokers — who would have to go through mini-trials to collect compensatory damages of their own.
The industry is concerned about a $300 billion punitive damage award. Plaintiffs attorney Stanley Rosenblatt isn't require to say how much he wants until his next closing arguments, but legal experts believe the award would be limited to corporate profits. Three of the five cigarette companies reported a total of $6.37 billion in profits last year.