Tobacco Case Lesson: Use Closing Arguments Cautiously
Tucker Ronzetti, who has written about mistakes in closing arguments for the Florida Bar Journal, said the Ferraro firm averted a disaster by admitting to an error and salvaging a $5 million tobacco verdict.
May 11, 2015 at 07:00 AM
6 minute read
A trial lawyer and his boss did something surprising: They saved a $5 million jury award by admitting error to judges.
A loss would have been a significant upset for the plaintiffs' side of tobacco litigation and a signal victory for defense forces.
| PHILIP MORRIS USA, APPELLANT, V. ANTONIO CUCULINO, APPELLEE Case nos.: 3D14-1339 and 3D14-823 Date: May 6, 2015 Case type: Tobacco tort Court: Third District Court of Appeal Author of opinion: Judge Leslie B. Rothenberg Lawyers for petitioner: Stephen N. Zack and Andrew S. Brenner, Boies, Schiller & Flexner, Miami; J. Daniel Gardner, Shook, Hardy & Bacon, Miami; and Geoffrey J. Michael, Arnold & Porter, Washington Lawyers for respondent: James L. Ferraro and David A. Jagolinzer, Ferraro Law Firm, Miami Panel: Rothenberg and Judges Linda Ann Wells and Kevin Emas Originating court: Miami-Dade Circuit Court |
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