Articles Posted in Dué, Guidry, Piedrahita & Andrews Firm News

On June 27, 2011, the United States Supreme Court in Philip Morris v. Jackson, 10-735, denied a request from Big Tobacco to overturn a 2004 Louisiana judgment totaling $270 million to fund a ten-year smoking cessation program that will include medications, telephone quit lines, health intervention systems, and intensive cessation programs for Louisiana residents within the defined class. The Louisiana jury found that cigarette makers hid the health risks of smoking and committed fraud. Big Tobacco argued that the Louisiana judgment violated the due process clause of the United Constitution because it does not require proof of individualized reliance on the misrepresentations by Big Tobacco.

Baton Rouge, Louisiana injury attorney, Scott Andrews, with the law office of Dué Guidry Piedrahita Andrews Courrege L.C., served on the Trial Team in the Scott v. American Tobacco Co., Inc. litigation. In 2004, a New Orleans, Louisiana jury awarded $591 million. The amount was reduced on appeal to $242 million. Together with post-judgment interest, the total award is approximately $270 million. The judgment in the lawsuit first filed in 1996 is now final. Scott Andrews hopes that every Louisiana smoker within the class finally gets the help and assistance they need to combat their tobacco addiction.

Louisiana injury lawyer Bob Downing (retired First Circuit Court of Appeal Judge) wrote the following article for the May 2011 issue of the Baton Rouge Bar Association’s monthly publication, Around the Bar, regarding the impropriety of appealing from the denial of a motion for directed verdict:

There should be no appeal from the denial of a motion for a directed verdict. Graves v. Riverwood International Corp., 41,810 (La.App. 2 Cir. 1/31/07), writ denied, 07-630 (La.5/4/07), 956 So.2d 621; See Adams v. Purciau, 417 So.2d 860 (La.App. 4th Cir.), writ denied, 422 So.2d 157 (La.1982); Varnado v. Ins. Co. of America, 484 So.2d 813 (La.App. 1st Cir.), writ denied, 489 So.2d 248 (La.1986); and Miller v. Upjohn Co., 461 So.2d 676 (La.App. 1st Cir.1984).

In reviewing the cases that state that the standard of review for the denial of a motion for directed verdict is the same for the granting of a motion for directed verdict, it appears that the error begins with Davis v. Board of Supervisors of Louisiana State University, 03-2219 (La. App. 4 Cir.11/17/04), 887 So.2d 722, writ denied, 04-3086 (La.2/18/05), 896 So.2d 40, which incorrectly cites Cross v. Cutter Biological, 94-1477 (La.App. 4 Cir.5/29/96), 676 So.2d 131, writ denied, 96-222- (La.1/10/97), 685 So.2d 142, a case dealing with the granting of a motion for directed verdict. Davis is in turn cited for this incorrect standard of review in Everhardt v. Louisiana Department of Transportation & Development, 07-0981 (La.App. 4 Cir. 2/20/08), 978 So.3d 1036.

Retired Louisiana District and Court of Appeal Judge, Bob Downing, provided this simple and easy to understand general jury instruction that he often used when he was a Louisiana district court judge. The new Louisiana Supreme Court Committee tasked with trying to simply the current jury instructions in use today would be well served to review retired-Judge Downing’s closing instruction:

You should deliberate on this case without regard to sympathy, prejudice, or passion for or against any party to this suit. This case should be considered as an action between persons of equal standing in the community. A corporation or an insurance company is entitled to the same fair trial at your hands as a private individual. All persons stand equal before the law, and are to be dealt with as equals.

The experienced Baton Rouge, Louisiana personal injury and wrongful death attorneys at Dué Guidry Piedrahita Andrews Courrege L.C. are proud to announce the association of retired Judge, Bob Downing, as “Of Counsel” to the firm.

Bob Downing is a graduate of Zachary High School and of Louisiana State University. After practicing law for ten years, Bob Downing committed himself to a 25 year career in public service, first serving as a District Judge for the 19th Judicial District Court for the Parish of East Baton Rouge, and then as a Court of Appeal Judge for the Louisiana First Circuit Court of Appeal. After retiring in 2010, Bob Downing returned to private practice. Bob is accepting serious plaintiff personal injury and wrongful death cases at the trial and appellate levels.