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Tag Archives: Ken McClain

Flavoring case pops up

A trial starting this week will question whether a woman who popped a couple of bags of popcorn a day for 10 years can blame manufacturers for the same health issues factory workers had after daily breathing vapors from vats of boiling butter flavoring.

Popcorn workers claiming lung disease have captured millions of dollars in Missouri courts. But the trial in Jackson County Circuit Court will test whether a consumer intimately acquainted with her home microwave's buttons can convince a jury she deserves an award as well.

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New trial denied over smoking death

A Jackson County Circuit judge Monday overruled motions from the plaintiff seeking a new trial in a 6-year-old case against Brown & Williamson Tobacco Co. because of juror nondisclosure.

The most recent trial in the high-profile case against the cigarette maker ended in August. A jury found in favor of plaintiff Lincoln Smith, but with an award of $1.5 million after a second, three-and-a-half week trial in Independence.

The plaintiff's attorney, Ken McClain, of Humphrey, Farrington & McClain in Independence, had asked for $110 million in closing arguments this year. The first jury's punitive damage award totaled $20 million but was thrown out on appeal.

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Jury awards $1.5 million in smoking case

A Jackson County jury has awarded $1.5 million in punitive damages in a lawsuit against tobacco company Brown & Williamson. The amount is a fraction of the $110 million plaintiffs’ attorney Ken McClain requested in closing arguments yesterday. It’s also ...

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Smoking trial begins again, four years later

Four years ago, attorney Ken McClain (pictured) achieved a partial victory against Brown & Williamson Tobacco Co. A jury awarded the family of Barbara Smith $500,000 to compensate for her 2000 death from diseases related to her 48-year smoking habit. But the accompanying $20 million punitive award was thrown out after a lengthy appeals process. This week, the case went back before Jackson County Judge Marco Roldan and a new jury, which must decide a relatively limited question: did Brown & Williamson sell the Kool cigarettes that Smith smoked with complete indifference or conscious disregard for the safety of its customers?

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