Table 1

 Arguments used by defendants in individual personal injury cases*

Case nameArgument
Outcome†Year‡No causality§Not lung cancer¶Type of lung cancer**Not tobacco products††Not defendant’s brand‡‡Other risk factors§§Free will¶¶
*In some cases, categories may be unchecked not necessarily because the argument wasn’t used, but because not all transcripts were available in DATTA.
†From the standpoint of the plaintiff.
‡Year of initial verdict, settlement, or dismissal.
§There is no scientific proof that cigarette smoking causes lung cancer.
¶The plaintiff did not have lung cancer or the cancer in the lung was a metastasis (spread) from a cancer originating in another site in the body.
**The plaintiff had lung cancer but not a type associated with cigarette smoking.
††The plaintiff had cancer that may have been associated with tobacco use, but tobacco products not responsible in this particular case (for example, short duration of use).
‡‡The plaintiff had cancer that may have been associated with cigarette smoking, but the defendant’s brands were not responsible.
§§The plaintiff had other risk factors (for example, asbestos exposure, marijuana smoking).
¶¶The plaintiff was aware of health risks associated with smoking, and exercised free will in choosing to smoke and declining to quit.
***This case went to trial on two separate occasions, ending in verdicts for the defence in August 1960 and November 1964.
†††Initial verdict for plaintiff overturned by the Third Circuit Appeals court; appealed to the US Supreme Court, which ordered a new trial; plaintiffs dropped case.
‡‡‡While ultimately dismissed, the initial verdict was for the plaintiff (awarding $552 249 in compensatory damages and $450 000 in punitive damages).
§§§Newcomb case was consolidated with the Karney, Settle, and McDaniel case.
¶¶¶Initial verdict for the plaintiff (awarding $1.72 million in compensatory damages and $20 million in punitive damages) overturned in March 2000; reversed and remanded to the trial court for a new trial, by a California appellate court in April 2004, based on improper jury instructions.
Green v. American Tobacco CoLoss1964***XX
Marsee v. US Tobacco (smokeless tobacco)Loss1986XXX
Cipollone v. Liggett Group IncWithdrawn†††1988XXX
Horton v. American Tobacco CoLoss1990XX
Ierardi v. Lorillard Tobacco CoLoss1991X
Kueper v. RJ Reynolds TobaccoLoss1993XXX
Allgood v. RJ Reynolds TobaccoLoss1996XXX
Carter v. Brown & Williamson (American Tobacco Co)Win1996XXX
Wilks v. American Tobacco CoLoss1996XX
Karbiwnyk v. RJ Reynolds TobaccoLoss1997XX
Raulerson (Connor) v. RJ ReynoldsLoss1997XXX
Widdick (Maddox) v. Brown & WilliamsonDismissed‡‡‡1998X
Gilboy v. American Tobacco CoLoss1999XXX
Henley v. Philip Morris IncWin1999XXX
Lacy v. Lorillard IncLoss1999XXX
Newcomb v. RJ Reynolds Tobacco§§§Loss1999XXX
Steele v. Brown & WilliamsonLoss1999XXX
Williams v. Philip Morris IncWin (on appeal)1999XX
Whiteley v. Raybestos-Manhattan IncRemanded¶¶¶2000XXX
Boeken v. Philip Morris IncWin2001XX
Grinnell v. American Tobacco CoLoss2001X
Kenyon v. RJ Reynolds Tobacco CoWin (on appeal)2001XX
LaBelle v. Philip Morris IncDismissed2001XX
Little v. Brown & WilliamsonLoss2001X
Mehlman v. Philip Morris IncLoss2001XXXX
Tompkin v. American Brands IncLoss2001XXX
Bullock v. Philip Morris IncWin (on appeal)2002X
McMullin v. US Tobacco (smokeless tobacco)Settled2002XX
Schwarz v. Philip Morris IncWin (on appeal)2002XX
Tune v. Philip Morris IncLoss2002XX
Allen v. RJ Reynolds Tobacco Co.Loss2003XXX
Boerner v. Brown & WilliamsonWin (on appeal)2003XX
Lucier v. Philip Morris Inc, et alLoss2003XXX
Reller v. Philip Morris IncLoss2003XXX