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Contingencies (Tables)
12 Months Ended
Dec. 31, 2016
Commitments and Contingencies Disclosure [Abstract]  
Schedule of contingencies
The activity in the Company’s accruals for the MSA and tobacco litigation for the three years ended December 31, 2016 were as follows:
 
Current Liabilities
 
Non-Current Liabilities
 
Payments due under Master Settlement Agreement
 
Litigation Accruals
 
Total
 
Payments due under Master Settlement Agreement
 
Litigation Accruals
 
Total
 
 
 
 
 
 
 
 
 
 
 
 
Balance at January 1, 2014
$
25,348

 
$
59,310

 
$
84,658

 
$
27,571

 
$
27,058

 
$
54,629

Expenses
118,069

 
2,849

 
120,918

 

 

 

NPM Settlement adjustment

 

 

 
(1,419
)
 

 
(1,419
)
Change in MSA obligations capitalized as inventory
(1,095
)
 

 
(1,095
)
 

 

 

Payments
(116,343
)
 
(62,878
)
 
(179,221
)
 

 

 

Reclassification from non-current liabilities
343

 
3,575

 
3,918

 
(343
)
 
(3,575
)
 
(3,918
)
Interest on withholding

 
293

 
293

 

 
2,217

 
2,217

Balance as of December 31, 2014
26,322

 
3,149

 
29,471

 
25,809

 
25,700

 
51,509

Expenses
118,284

 
20,644

 
138,928

 

 
(195
)
 
(195
)
NPM Settlement adjustment
1,351

 

 
1,351

 
(5,715
)
 

 
(5,715
)
Change in MSA obligations capitalized as inventory
1,426

 

 
1,426

 

 

 

Payments
(118,142
)
 
(5,869
)
 
(124,011
)
 

 

 

Reclassification from non-current liabilities

 
3,305

 
3,305

 

 
(3,305
)
 
(3,305
)
Interest on withholding

 
1,675

 
1,675

 

 
2,518

 
2,518

Balance as of December 31, 2015
29,241

 
22,904

 
52,145

 
20,094

 
24,718

 
44,812

Expenses
110,486

 
16,679

 
127,165

 

 
3,650

 
3,650

Change in MSA obligations capitalized as inventory
1,568

 

 
1,568

 

 

 

Payments
(122,977
)
 
(39,682
)
 
(162,659
)
 

 

 

Reclassification from non-current liabilities
(2,163
)
 
3,252

 
1,089

 
2,163

 
(3,252
)
 
(1,089
)
Interest on withholding
37

 
506

 
543

 

 
2,397

 
2,397

Balance as of December 31, 2016
$
16,192

 
$
3,659

 
$
19,851

 
$
22,257

 
$
27,513

 
$
49,770

 
 
 
 
 
 
 
 
 
 
 
 

As of December 31, 2016, the following Engle progeny cases have resulted in judgments against Liggett:
Date
 
Case Name
 
County
 
Liggett Compensatory
Damages (as adjusted)
 (1)
 
Liggett Punitive Damages
 
Status (2)
June 2002
 
Lukacs v. R.J. Reynolds
 
Miami-Dade
 
$12,418
 
$—
 
Liggett satisfied the judgment and the case is concluded.
August 2009
 
Campbell v. R.J. Reynolds
 
Escambia
 
156
 
 
Liggett satisfied the judgment and the case is concluded.
March 2010
 
Douglas v. R.J. Reynolds
 
Hillsborough
 
1,350
 
 
Liggett satisfied the judgment and the case is concluded.
April 2010
 
Clay v. R.J. Reynolds
 
Escambia
 
349
 
1,000
 
Liggett satisfied the judgment and the case is concluded.
April 2010
 
Putney v. R.J. Reynolds
 
Broward
 
17
 
 
On June 12, 2013, the Fourth District Court of Appeal reversed and remanded the case for further proceedings regarding the amount of the award. Both sides sought discretionary review from the Florida Supreme Court. In February 2016, the Florida Supreme Court reinstated the jury's verdict. The defendants moved for clarification of that order. The court clarified that it reversed the district court's decision regarding the statute of repose only, leaving the remaining portions of the decision intact, which, among other things, reversed an approximately $3,000 compensatory award against Liggett. The case was remanded to the trial court for proceedings consistent with those portions of the district court's decision that were not reversed. A hearing is scheduled on March 14, 2017.
April 2011
 
Tullo v. R.J. Reynolds
 
Palm Beach
 
225
 
 
Liggett satisfied the judgment and the case is concluded.
January 2012
 
Ward v. R.J. Reynolds
 
Escambia
 
1
 
 
Liggett satisfied the merits judgment. Subsequently, the trial court entered a joint and several final judgment on attorneys' fees and costs for $981 and defendants appealed that judgment. Briefing is underway.
May 2012
 
Calloway v. R.J. Reynolds
 
Broward
 
 
 
A joint and several judgment for $16,100 was entered against R.J. Reynolds, Philip Morris, Lorillard and Liggett. On January 6, 2016, the Fourth District Court of Appeal reversed in part, including the $7,600 punitive damages award against Liggett, and remanded the case to the trial court for a new trial on certain issues. Both sides moved for rehearing and in September 2016, the appellate court reversed the judgment in its entirety and remanded the case for a new trial. As a result, the $1,530 compensatory award against Liggett was reversed. The plaintiff filed a notice to invoke the discretionary jurisdiction of the Florida Supreme Court.
 
 
 
 
 
 
 
 
 
 
Any potential liability as a result of the pending appeal is included in the amount Liggett will pay under Engle Progeny Settlement II.
December 2012
 
Buchanan v. R.J. Reynolds
 
Leon
 
2,750
 
 
Liggett satisfied the judgment and the case is concluded.
May 2013
 
D. Cohen v. R.J. Reynolds
 
Palm Beach
 
 
 
This case was settled in December 2016 as part of Engle Progeny Settlement II.
August 2013
 
Rizzuto v. R.J. Reynolds
 
Hernando
 
3,479
 
 
Liggett settled its portion of the judgment for $1,500 and the case is concluded as to Liggett.
August 2014
 
Irimi v. R.J. Reynolds
 
Broward
 
 
 
This case was settled in December 2016 as part of Engle Progeny Settlement II.
October 2014
 
Lambert v. R.J. Reynolds
 
Pinellas
 
3,600
 
9,500
 
Liggett satisfied the judgment and the case is concluded.
November 2014
 
Boatright v. R.J. Reynolds
 
Polk
 
 
300
 
In November 2014, the jury awarded compensatory damages in the amount of $15,000 with 15% fault apportioned to plaintiff and 85% to Philip Morris.  The jury further assessed punitive damages against Philip Morris for $19,700 and Liggett for $300. Post trial motions were denied.  A joint and several judgment was entered in the amount of $12,750 on the compensatory damages. Judgment was further entered against Liggett for $300 in punitive damages. Defendants appealed and plaintiff cross-appealed. Oral argument occurred on October 18, 2016. A decision is pending.
 
 
 
 
 
 
 
 
 
 
Any potential liability as a result of the pending appeal is included in the amount Liggett will pay under Engle Progeny Settlement II.
June 2015
 
Caprio v. R.J. Reynolds
 
Broward
 
 
 
This case was settled in December 2016 as part of Engle Progeny Settlement II.
Total Damages Awarded:
24,345
 
10,800
 
 
Amounts accrued, paid or compromised:
(24,328)
 
(10,800)
 
 
Damages remaining on Appeal:
$17
 
$0
 
 
(1) Compensatory damages are adjusted to reflect the jury's allocation of comparative fault and only include Liggett's jury allocated share, regardless of whether a judgment was joint and several. The amounts listed above do not include attorneys' fees or statutory interest.
(2) See Exhibit 99.1 for a more complete description of the cases currently on appeal.
The following table lists the number of Individual Actions by state:
State
 
Number
of Cases
Maryland
 
16
Florida
 
7
New York
 
6
Louisiana
 
2
West Virginia
 
2
Missouri
 
1
Ohio
 
1