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Smoker's Case Relit After Seven Years
Seven years ago, a San Francisco jury found the R.J. Reynolds and Philip Morris tobacco companies liable for fraud and negligence contributing to Leslie Whiteley's development of lung cancer. The Whiteleys, represented by Madelyn Chaber, received $21.7 million, including $20 million in punitives. Then a 2004 appeal court ruling overturned the entire verdict and applied a 10-year immunity period for the defendants on certain claims. On retrial, Chaber's feeling optimistic despite the limitations.