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Widow of chain smoker wins $23.6BILLION in damages from tobacco company she sued over his death….

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A Florida jury has slammed the nation’s No. 2 cigarette maker, R.J. Reynolds Tobacco Co., with $23.6 billion in punitive damages in a lawsuit filed by the widow of a longtime smoker who died of lung cancer in 1996.

The case is one of thousands filed in Florida after the state Supreme Court in 2006 tossed out a $145 billion class action verdict. That ruling also said smokers and their families need only prove addiction and that smoking caused their illnesses or deaths.

Last year, Florida’s highest court re-approved that decision, which made it easier for sick smokers or their survivors to pursue lawsuits against tobacco companies without having to prove to the court again that Big Tobacco knowingly sold dangerous products and hid the hazards of cigarette smoking.

Addiction: A 2006 ruling determined that smokers and their families need only prove addiction and that smoking caused their illnesses or deaths

The damages a Pensacola jury awarded Friday to Cynthia Robinson after a four-week trial come in addition to $16.8 million in compensatory damages.

Robinson individually sued Reynolds in 2008 on behalf of her late husband, Michael Johnson Sr. Her attorneys said the punitive damages are the largest of any individual case stemming from the original class action lawsuit.

‘The jury wanted to send a statement that tobacco cannot continue to lie to the American people and the American government about the addictiveness of and the deadly chemicals in their cigarettes,’ said one of the woman’s attorneys, Christopher Chestnut.

Reynolds’ vice president and assistant general counsel, J. Jeffery Raborn, called the damages in Robinson’s case ‘grossly excessive and impermissible under state and constitutional law.’

‘This verdict goes far beyond the realm of reasonableness and fairness, and is completely inconsistent with the evidence presented,’ Raborn said in a statement. ‘We plan to file post-trial motions with the trial court promptly, and are confident that the court will follow the law and not allow this runaway verdict to stand.’

The lawsuit’s goal was to stop tobacco companies from targeting children and young people with their advertising, said Willie Gary, another attorney representing Robinson.

‘If we don’t get a dime, that’s OK, if we can make a difference and save some lives,’ Gary said.

In June, the U.S. Supreme Court turned away cigarette manufacturers’ appeals of more than $70 million in court judgments to Florida smokers. Reynolds, Philip Morris USA Inc. and Lorillard Tobacco Co. had wanted the court to review cases in which smokers won large damage awards without having to prove that the companies sold a defective and dangerous product or hid the risks of smoking.

The Supreme Court refused to hear another of the companies’ appeals last year, wanting the court to consider overturning a $2.5 million Tampa jury verdict in the death of a smoker.

Other Florida juries have hit tobacco companies with tens of millions of dollars in punitive damages in lawsuits stemming from the original class action lawsuit.

In August, a Fort Lauderdale jury awarded $37.5 million, including $22.5 million in punitive damages against Reynolds, to the family of a smoker who died at age 38 of lung cancer in 1995.

Attorneys for Reynolds said they would appeal, arguing that the woman knew the dangers of smoking because cigarettes had warning labels when she started. The attorney for the woman’s family said teenagers like her were targeted by tobacco companies.

Reynolds' vice president and assistant general counsel, J. Jeffery Raborn, called the damages in Robinson's case "grossly excessive and impermissible under state and constitutional law"

Some large jury verdicts awarding tens of millions of dollars in damages to relatives of smokers have been upheld by appeals courts.

In September, the 3rd District Court of Appeals affirmed $25 million in punitive damages and $10 million in compensatory damages against Lorillard, the country’s No. 3 cigarette maker, for Dorothy Alexander, whose husband died in 1996 of lung cancer. Lorillard, based in Greensboro, North Carolina, unsuccessfully argued the damages were excessive and raised a number of other claims.

The 1st District Court of Appeals upheld in June 2013 a $20 million punitive damage award to another smoker’s widow, more than a year after reversing a $40.8 million award in the same case against Reynolds. After the appeals court rejected the first award as excessive the award amount was recalculated. The tobacco company still objected.

Philip Morris is the country’s biggest tobacco company and owned by Richmond, Virginia-based Altria Group Inc. Reynolds is owned by Winston-Salem, North Carolina-based Reynolds American Inc.

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JUST IN: Tinubu Meets Ibori, Wike, Makinde In Abuja

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President Bola Tinubu is currently holding a closed door meeting with James Ibori, former Governor of Delta state; Nyesom Wike, the immediate past Governor of Rivers state; and Seyi Makinde, the Oyo State Governor.

 

The meeting is taking place at the President’s office in Aso Villa.

 

Reports say the three politicians arrived at the Aso Rock Villa at about 4:20om on Friday, 2 June, 2023.

 

Details shortly…

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Court Orders Union Bank To Pay Former Manager N20.2m Over Wrongful Termination…….

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Justice Maureen Esowe of the Lagos division of the National Industrial Court has ordered the Union Bank to immediately pay the total sum of N20, 261, 810 million to one of its retired staff, Asenime Claire Ojuzo.

 

The judgment sum according to Justice Esowe, is the shortfall of gratuity Union Bank ought to pay Mrs. Asenime, upon her retirement.

 

Justice Esowe made the order while delivering judgment in a suit marked NICN/LA/534/2017, filed by a retired officer and the bank.

 

The claimant, a former senior manager at Union Bank, through her lawyer, Chief Paul Omoijiade, had asked the court to “declare that the purported approval by the bank of the claimant’s withdrawal from service which the Claimant did not apply for was wrong.

 

“A declaration that the purported determination of the Claimant’s contract of service by Union Bank is wrongful, same having been done without due process as laid down in the bank’s handbook and the bank’s custom and practice.

 

“A declaration that the purported removal of the claimant from his employment as Senior Manager (SM) without due process amounts to redundancy for which the claimant is entitled to redundancy benefit.

 

“A declaration that Union Bank is in arrears of N18, 114, 600 million, in the payment of the Claimant’s gratuity.

 

“A declaration that the deduction of the sum of N16,106,219.66 million, as outstanding loans, status car, unearned medical, outstanding status generator, and car from the claimant’s gratuity is unlawful.

 

“An order of the honourable court directing Union Bank to pay to Ojuzo the sum of N16,106,219.66 million, deducted from the claimant’s gratuity.

 

“An order of the honourable court directing Union Bank to pay to Ojuzo the sum of N18,114, 600 being a shortfall in the gratuity paid to her.

 

“An order of the honourable court that the bank pays the sum of N12 million, to the Claimant as compensation for the defendant’s wrongful and unlawful action withdrawing the claimant’s services without due process.

 

“An order of the honourable court for the payment of interest at the rate of 20% on the deductions and withheld gratuity under paragraphs (f) and (g) above.

 

“An order of the honourable court that the bank pay to the claimant the sum of N1 million, being the cost of litigation.

 

During the trial of the suit, the claimant told the court that she was a staff of the bank until her employment was wrongfully withdrawn on November 22, 2013, and her terminal benefits were never paid in full.

 

She also told the court that Union Bank also deducted the sum of N16, 106, 219.66 million, which the bank referred to as outstanding loans, unearned housing, status car, and unearned leave from her benefit, adding that, said she never applied for withdrawal service, therefore, the withdrawal of her services is tantamount to redundancy.

 

Defending the suit, Union Bank through its witness, Francis Idiaghe, who was led by Feliz O. Ogungbemi, told the court that there is no provision in the Trust Deed of variation that the claimant or any employee of Union Bank can remain in service till the age of 60. Rather, than underemployment, either party can determine the contract by giving a month’s notice.

 

The witness told the court that the Defendant, exercising her right under the contract, determined the contract by a letter of withdrawal of service dated November 22, 2016, issued to the claimant. Adding that the sum of N16,106,219.66 million, deducted from the claimant’s terminal benefits covers the loans (N13,683,188.86 million) taken by the claimant during the pendency of her employment and the outstanding and unpaid money (N2,247,210 million) covering the cost of her status car and a generating set.

 

Union Bank in its final written address, asked the court to determine “Whether the claimant is entitled to a declaration that the withdrawal of the Claimant’s employment is unlawful.

 

“Whether the Claimant having been paid her terminal benefit and having accepted same, can be heard to complain that his contract was not properly determined.

 

“Whether the termination of the Claimant of employment by the Defendant amounts to redundancy.

 

“Whether the Claimant is entitled to the sum of N18,114,600.00 (Eighteen Million One Hundred and Fourteen Thousand Six Hundred Naira) as outstanding gratuity from the Defendant.

 

“Whether the deduction of the sum from the Claimant’s terminal benefit in the liquidation of Claimant’s outstanding staff loans, status, generator loan, and unearned medical is unlawful.

 

“Whether by the evidence placed before this Honourable Court, the Claimant is entitled to damages in the sum of N12 million.

 

“Whether the Claimant is entitled to interest at the rate of 20% on the alleged outstanding gratuity and the amount allegedly deducted from her gratuity.

 

“Whether the Claimant is entitled to the sum of N1 million, as cost of litigation.”

 

Justice Esowe, in her judgment on the suit after the evaluation of parties’ submissions, and citing plethora of legal authorities, held that: “having gone through the claimant’s claim, evidence led in support, the defendant’s defense, evidence led in support, with the final written submissions of Counsel on both sides, this Court, while adopting all the issues formulated by Counsel, has distilled a sole issue for determination, to wit: Whether the Claimant has proved his case to be entitled to the reliefs sought.” culled: Business Hallmark.

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Dr. Ope Banwo Speaks On Transitioning  Naija Lives Matter Organization To Non-Partisan Mode 

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***Says Organization Will Now Focus On Projects To Improve Nigerian Lives

 

Dr. Ope Banwo, the founder of Naija Lives Matter (NLM), a non-governmental organization committed to better lives for Nigerians has explained the organization’s decision to refocus its priorities.

 

In a statement released on Tuesday, Dr. Banwo stated that the organization’s mission and goals extend beyound the 2023 elections, electioneering campaigns, and politics.

 

According to him, the process of the organization had been clearly communicated from its very beginning to avoid any accusations of opportunism or policy inconsistencies, which are unfortunately common in our country when disagreements arise.

 

He said; “Since 2011, the NLM organization has consistently de-emphasized its partisan support for any specific candidate after the elections and campaigns are over, enabling it to concentrate on its global mandate of making Naija lives matter to all Nigerians, irrespective of their political affiliations.

 

“When Naija Lives Matter endorsed Peter Obi as our chosen candidate in August 2022, we made it clear that our partisan involvement would solely extend until the conclusion of the elections. Subsequently, we would focus on other aspects of our mission and goals, for which our organization was founded in 2011.

 

“In the past, we supported Jonathan through the GEJ project, rallied behind Buhari through the Buhari4Naija project in 2015, and even had a Moghalu4Naija project before eventually endorsing Peter Obi for the 2023 elections.

 

“Our commitment is not irreversibly tied to any particular politician; it lies in what we believe is in the best interest of Nigeria and its people,” Dr. Banwo said.

 

With the transition, NLM now moves beyond the recent election cycle, with a current focus on organizing projects aimed at making the lives of all Nigerians better.

 

“Henceforth, we shall therefore leave the legal and political affairs to lawyers and politicians, and respect the decisions of the courts, whatever they may be.

 

“In alignment with our mandate and the previously declared engagement period for the 2023 elections, we hereby inform our members that Naija Lives Matter will now shift its focus towards other aspects of our charter such as mass non-partisan mobilization on national issues, youth empowerment training, workshops, community assistance services for the less privileged in Nigeria, and other activities.

 

“In light of this new direction, we will convene meetings with our state directors and cell leaders to announce additional NLM initiatives that extend beyond politics in the coming days. These initiatives will focus on non-partisan national mobilization, youth empowerment through training and workshops, and community-building responsibilities.

 

“All our threads on WhatsApp and other social media platforms will once again be dedicated to NLM as we officially conclude the Peter Obi Nation Project for the 2023 elections,” Dr. Banwo noted.

 

Thanking members of the Peter Obi Nation Project of the NLM organization for their tremendous efforts during the 2023 elections, Dr. Banwo said that together they fought valiantly in a highly contested electoral process, adding that together they gave as much as they got in the very bitter partisan electioneering campaign for the organization’s endorsed candidate, Peter Obi.

 

“We did not compromise and many of us even paid the price of alienating some of our long-term friends in the heat of partisan battle.

 

“To this end, I am immensely proud of every individual involved in this monumental battle, and it has been an honor serving as the Chief Vawolence Officer for Naija Lives Matter side of things during this 2923 election cycle. We also offer No apologies for our passionate campaign for what we passionately believed in. It was what it was.

 

Acknowledging the fact that many individuals who joined NLM’s special Peter Obi Nation Project were primarily interested in supporting the Labour Party (LP) presidential candidate, and may not share NLM”s broader mandate and NGO charter, Dr. Banwo said that the organization would understand if those solely focused on partisan politics choose to disassociate themselves from the NLM organization across it numerous groups and threads, adding that the organizational continuity transcends any single election cycle.

 

“To be clear, this pivot by NLM does not mean we no longer support Peter Obi. We continue to stand behind his 2023 mandate which we believed in, wholeheartedly. Nevertheless, our organization was not established solely for this election cycle. We have followed the same refocusing approach after the elections in 2011 and 2015. Although the intensity of this cycle was undeniable, our policy remains intact.

 

“We hope that our fellow compatriots engaged in the highly intense campaign for 2023 will understand and respect our decision to shift away from combative partisan politics at this juncture. Instead, we aim to engage the Tinubu government in a non-partisan yet critical manner, reminding them of their promises and holding them accountable. Should the courts later remove him from office, we will also celebrate. But for now, we have a country to assist in governance.”

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