U.S. Court of Appeals for the Eleventh Circuit

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In Engle saga, Eleventh Circuit rejects due-process and preemption challenges to over broad use of issue preclusion

May 18, 2017

The Eleventh Circuit reaffirmed the ruling in Philip Morris USA, Inc v. Douglas, holding that due process and federal law do not bar plaintiffs in later actions from relying on jury findings from the landmark Engle case to establish strict liability and negligence claims.

U.S. Chamber urges Eleventh Circuit to affirm due-process protections against overbroad issue preclusion

April 22, 2016

In the latest phase of the Engle v. Liggett Group litigation, the U.S. Chamber filed a coalition amicus brief urging the Eleventh Circuit, sitting en banc, to reverse the district court’s decision applying Engle to establish liability in the case. The brief argued that the district court’s decision eviscerated core due-process protections by giving preclusive effect to jury findings in cases presenting materially distinct factual issues. The brief further explained that if the district court’s decision and the approach to preclusion it reflects are allowed to stand, these rulings could massively expand liability for conduct that never would have been found tortious in individual proceedings, to the detriment of American businesses and ultimately, American consumers.

The brief was filed jointly with the American Tort Reform Association, National Association of Manufacturers, Business Council of Alabama and Alabama Civil Justice Reform Committee.

John H. Beisner, Jessica D. Miller and Geoffrey M. Wyatt of Skadden, Arps, Slate, Meagher & Flom LLP served as co-counsel for the amici.

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