Altria Must Pay $8 Million in Florida Smoker's Death

Altria Group Inc., the biggest U.S. cigarette maker, must pay $8 million to the family of a smoker who died of lung cancer, a Florida jury ruled in the first of 8,000 individual cases to go to trial in the state. A state court jury in Fort Lauderdale ruled today Altria's Philip Morris USA unit is liable for $3 million in compensatory damages and $5 million in punitive damages over Stuart Hess's 1997 death. The family's lawyer told jurors during trial that Hess, 55, "choked his life away" smoking the company's cigarettes from age 15. Altria makes Marlboro and Virginia Slims cigarettes. The verdict is the first in thousands of lawsuits filed after the Florida Supreme Court refused to reinstate a $145 billion punitive-damages verdict awarded by a Miami jury to a statewide class of smokers in 2006. Florida's high court, which ruled the smokers can't sue as a group, extended the time for individual smokers to sue and allowed them to rely in their individual cases on factual findings by the Miami jury, including that cigarettes are addictive and cause cancer. The decision comes nearly ten years after the first verdict in the overall case, where a Miami jury found in 1999 that cigarette makers were responsible for the death and health problems of hundreds of thousands of Florida smokers. That ruling set the stage for the record $145 billion damage award. "We're going to file an appeal" of today's award, said Kenneth Reilly, Altria's attorney. "We'll defend it vigorously like we have in all other cases." Possible Reduction Altria fell 4 cents to $15.53 in New York Stock Exchange composite trading today. The company's shares have risen 3.1 percent this year. Altria's lawyers contend Judge Jeffrey Streitfeld is likely to reduce the award because jurors found that Hess didn't rely on the company's statements about the safety of cigarettes after May 1982. His family can't claim damages for that period because he was fully aware of the risks associated with smoking, the lawyers said. Reilly said that the judge may throw out the punitive damage award and cut the compensatory award down to about $1.2 million, a reduction of 58 percent. That's the number that jurors assigned to Hess for his share of responsibility for acquiring lung cancer from smoking. Alex Alvarez, one of the Hess family's lawyers, countered that "the full $8 million verdict will stand" because jurors found the company intentionally acted in a way that harmed Hess. 'Gave Us Justice' "The jury spoke and gave us justice," he added. Hess's wife, Elaine, stood in a courthouse hallway wiping away tears after jurors handed down their decision. She said she hoped the verdict would send a message to tobacco companies. "I just hope that all the thousands of other suffering families will also obtain similar justice," she said. During the two-week trial, Reilly told jurors the Hess family was seeking "an enormous amount" in the case and said he was relying on their "sound judgment" on the issue of whether the company should pay damages. The family's lawyers urged the Broward County Circuit Court jury in closing arguments in the damages phase of the case yesterday to award Hess's wife and son about $132 million in total damages over his death. "An award of only $5 million to $10 million would not mean that much to them," Gary Paige, a lawyer for the family, told the panel. The 8,000 cases pending in the state are split up among cigarette makers including Altria, Reynolds American Inc. and Vector Group Ltd. The cases are slated to be tried in courthouses across the state in coming months and years. The manufacturers complain that the practice of allowing Florida smokers to rely on factual findings produced by the original 1999 case doesn't pass constitutional muster. 'Blame The Smoker' "Today's verdict was the result of an unconstitutional and profoundly flawed trial procedure," Murray Garnick, an Altria spokesman, said in an e-mailed release. "Fundamental fairness requires the plaintiff to establish basic liability before a jury can award damages." Anti-smoking activists hailed the verdict as a first step in winning adequate compensation for consumers injured by the companies' products. "We're delighted that the jury saw through Philip Morris's attempts to blame the smoker" for his injuries, said Ed Sweda, a senior attorney for the Tobacco Products Liability Project at Northeastern University School of Law in Boston. "We'll certainly be looking forward to the 8,000 other trials." The next case is slated to begin tomorrow in state court in Ft. Lauderdale before Streitfeld

Fort Lauderdale Truck Accident Lawyer Referral Service

If you have been involved in a truck accident in the Fort Lauderdale, Florida area you will definitely need the services of a Fort Lauderdale Truck Accident Lawyer to assist you in the proper handling of your case. I'm sure you're feeling overwhelmed right now with everything that has happened. Dealing with property damages, possible bodily injuries for you or the other person, trying to figure out who was at fault, notifying your insurance company, and talking to the police about what happened is very overwhelming. The fact of the matter is your first course of action to a resolution is locating a competent Fort Lauderdale Truck Accident Lawyer.

A lawyer referral service is really your easiest and most convenient option to locating the best lawyer for your situation in your area quickly. Lawyer referral services not only assist with truck accidents but also:

Personal Injury Auto Accident Wrongful Death Airplane Disasters Brain Injury Animal Attacks Products Liability Motorcycle Accidents Truck Accidents Vehicle Rollovers

Finding the right attorney for your situation is critical and a lawyer referral service simplifies the process of locating the right attorney for your case. If you were involved in an accident especially in the Fort Lauderdale area with a big rig or truck, chances are you could use the services of a Fort Lauderdale Truck Accident Lawyer who specializes in this area. So many people decline the services of an attorney but an attorney can help you:

● Understand your legal rights ● Contact the driver and his employer ● Expedite your day in court ● Get you reimbursed for any losses you have suffered due to the accident ● Prepare legal documentation and make sense of any legal language used by the other party

Don't be afraid that you cannot afford the services of such a professional. Many accident victims have this worry, but the fact of the matter is that most lawyers are willing to work with you. You may not have to pay them any fees until you have received your settlement, or you may be able to make small payments each week or month to cover the expenses. Most people who decided to turn to an attorney have learned that the cost was more than worth it because the process was much easier than it would have been without someone who really knows the system. In addition, a lawyer will know how to be much more persuasive in getting you the settlement that you deserve for your injuries, time away from work, and of course any medical bills and damage done to the vehicle that you were driving.

Fort Lauderdale Motorcycle Accident Lawyer Referral Service

Everyone knows that motorcyclists are the most vulnerable vehicles on the highways today. Motorcycles provide no real security or safety to the driver. So, when motorcyclists are involved in an accident many times the accident is serious involving serious bodily harm including death. The most important step a victim or family member of a victim can make is to locate a good motorcycle attorney.

In the event the accident occurred in the Fort Lauderdale area, it would be very helpful to anyone to locate an attorney easily through a Fort Lauderdale Motorcycle Accident Lawyer referral service. Here are a few reasons to use a lawyer referral service:

Locate the right lawyer for your case.

A Fort Lauderdale Motorcycle Accident Lawyer referral service will find the right lawyer to take your case. The right lawyer is someone that specializes in motorcycle accidents. They have experience in this and know how to win the case for you. If you had to seek out an attorney yourself, you obviously won't know which attorney to choose and may definitely select the wrong one. A lawyer referral service will ensure that you find competent motorcycle lawyers to contact you who have a track record in winning legal cases.

No Fees Associated

With a Fort Lauderdale Motorcycle Accident Lawyer referral service there are no fees that you will have to pay. These services are free for you because lawyer referral services have a network of attorneys that work with them. You don't have to worry about whether or not you can afford a service. Lawyers are waiting to take your case when you go through a lawyer referral service.

Fast Service

After an accident you really don't have time to waste looking for an attorney. Asking your friends and co-workers isn't always the best route to go because friends aren't lawyers. They merely know someone that knows someone. With a Fort Lauderdale Motorcycle Accident Lawyer referral service, you actually contact the services of good specialized lawyers fast. There is no delay, you will receive phone calls from lawyers contacting you the same day. This is a major benefit of a lawyer referral service.

Attorney Peter Mavrick Recovers Funds for Subcontractor in Legal Construction Case

Peter Mavrick, a Fort Lauderdale lawyer, recently recovered funds owed to his client, a construction subcontractor in a case venued in Palm Beach Circuit Court. The settlement was paid by a general contractor to attorney Peter Mavrick’s client, a subcontractor that supplied labor and materials under a construction contract. Before hiring Peter Mavrick’s law office, the business had unsuccessfully sought payment for its services for several months.

An interesting aspect of the case was that fact that the business had actually been a defendant in a previous case, and attorney Peter Mavrick represented the plaintiff in that case. After resolution of that case, the company asked Peter Mavrick about the possibility of representation in the construction collection case.

Peter Mavrick practices in the areas of business litigation and employment litigation, and his office is based in Fort Lauderdale, Florida. After the real estate boom, there has been an increase in construction payment disputes, especially where subcontractors need to recover payments from general contractors. Especially for small businesses, the non-payment for labor and materials can be financially devastating.

The law office of attorney Peter Mavrick has represented construction sub-contractors to recover payments for services and materials rendered. Some sub-contractors have actually had to close their businesses because they got so deep into non-payments from the general contractors. While waiting for payments that never arrive, the sub-contractor has to pay its workers, its office, phones, insurance, taxes, and pay for materials for the construction contract. The bigger the sub-contractor’s commitment to the construction project, the more devastating non-payment becomes to the sub-contractor’s business.

Finding A Criminal Defense Attorney in Florida

With more than eighty-six thousand attorneys licensed to practice law in Florida, finding the right criminal defense attorney in the Sunshine State can be daunting. If you've been accused of a crime and need a highly skilled attorney to come to your defense, here are two simple guidelines for finding the best Florida criminal defense attorney for your case.

Get a Referral

Begin your search for a criminal defense attorney licensed to practice law in Florida by doing one of two things: ask business colleagues or friends for referrals, or make use of lawyer referral services.

If the crime of which you are accused involves professional behavior (white collar crime) request a referral for legal counsel from a trusted business colleague. Representing a defendant against this type of charge takes special skills; the business community is often the best place to learn which attorneys are respected in this milieu.

In most criminal cases, an arrest has already taken place. If that's the case and you called upon your corporate attorney or a lawyer not skilled in criminal defense to arrange your release, ask them to suggest a firm specializing in criminal law.

For cases involving a specific industry, you could also ask the head of an industry organization what attorney provides their legal services. Whether you're in need of a Miami lawyer to defend you against embezzlement charges or a Fort Lauderdale attorney for your professional liability case, there are others in your industry who have faced the same situation. Take advantage of their experience to find the most qualified criminal defense attorney.

When unable to secure a referral from a colleague or friend, turn to organizations that make information about Florida attorneys available to the public. Examples of these are: the Florida Bar Association's Lawyer Referral Service, the lawyer search feature at Lawyers.com, and other Florida lawyer referral sites that verify the qualifications of attorneys they list.

Look for Experience

Speaking of qualifications, never assume that someone giving a referral has thoroughly vetted the recommended attorney. Do your own research. It's essential to have experienced representation when facing a criminal charge.

Call the attorney's office and ask them to describe their previous experience with similar cases. Has the lawyer been successful in criminal defense cases in Florida? Does he or she have experience with your industry and type of alleged crime?

Once you've narrowed down your search to a potential attorney, make an appointment to review your criminal case. Pay attention to how well the two of you communicate and ask exactly how he'll proceed in representing you. You should leave that meeting comfortable that you'll receive the best defense possible. If red flags appear during this initial meeting, for example, an overly busy schedule that promises you'll be pushed to the back burner, pay them for their time and keep looking.

Just as you would never allow an unskilled or disinterested doctor to treat your illness, avoid allowing panic over a criminal charge to shortcut your research when selecting a criminal defense attorney in Florida. The potential impact on your personal and professional life of a criminal conviction should motivate you to find the best legal defense possible. Choose an attorney with proven experience, a communication style compatible with your own and a clear plan for your representation.