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Contingencies (Tables) | 3 Months Ended
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Mar. 31, 2023
Commitments and Contingencies Disclosure [Abstract] |
Schedule of Contingencies |
| For the Three Months Ended March 31, |  |  |  |
(in millions) | 2023 |  | 2022 |  |  |  |  |  |
Accrued liability for tobacco and health and certain other litigation items at beginning of period | $ | 71 |  |  | $ | 91 |  |  |  |  |  |  |
Pre-tax charges for: |  |  |  |  |  |  |  |  |
Tobacco and health and certain other litigation (1) | 12 |  |  | 12 |  |  |  |  |  |  |
Shareholder derivative lawsuits (2) | 98 |  |  | — |  |  |  |  |  |  |
Related interest costs | 1 |  |  | — |  |  |  |  |  |  |
Payments | (11) |  |  | (103) |  |  |  |  |  |  |
Accrued liability for tobacco and health and certain other litigation items at end of period | $ | 171 |  |  | $ | — |  |  |  |  |  |  |
(1) Includes judgments, settlements and fee disputes associated with tobacco and health and certain other litigation. (2) See Shareholder Class Action and Shareholder Derivative Lawsuits - Federal and State Shareholder Derivative Lawsuits below for a discussion of the pending settlement of the federal and state shareholder derivative lawsuits. The table below lists the number of certain tobacco-related cases pending in the United States against us as of:
| April 24, 2023 |  | April 25, 2022 |  | April 26, 2021
Individual Smoking and Health Cases (1) | 167 |  | 163 |  | 162
Health Care Cost Recovery Actions (2) | 1 |  | 1 |  | 1
E-vapor Cases (3) | 5,270 |  | 3,744 |  | 2,150
Other Tobacco-Related Cases (4) | 3 |  | 3 |  | 3
(1) Includes as of April 24, 2023, 19 cases filed in Illinois, 22 cases filed in New Mexico, 43 cases filed in Massachusetts and 46 non-Engle cases filed in Florida. Does not include individual smoking and health cases brought by or on behalf of plaintiffs in Florida state and federal courts following the decertification of the Engle case (these Engle progeny cases are discussed below in Smoking and Health Litigation - Engle Class Action). Also does not include 1,390 cases brought by flight attendants seeking compensatory damages for personal injuries allegedly caused by exposure to environmental tobacco smoke (“ETS”). The flight attendants allege that they are members of an ETS smoking and health class action in Florida, which was settled in 1997 (Broin). The terms of the court-approved settlement in that case allowed class members to file individual lawsuits seeking compensatory damages but prohibited them from seeking punitive damages. Class members were prohibited from filing individual lawsuits after 2000 under the court-approved settlement. (2) See Health Care Cost Recovery Litigation - Federal Government’s Lawsuit below. (3) Includes as of April 24, 2023, 57 class action lawsuits, 3,746 individual lawsuits and 1467 “third party” lawsuits relating to JUUL e-vapor products, which include school districts, state and local government, tribal and healthcare organization lawsuits. JUUL is an additional named defendant in each of these lawsuits. The 57 class action lawsuits include 32 cases in the Northern District of California (“Multidistrict Litigation” or “MDL”) involving plaintiffs whose claims were previously included in other class action complaints but were refiled as separate stand-alone class actions for procedural and other reasons. (4) Includes as of April 24, 2023, one inactive smoking and health case alleging personal injury and purporting to be brought on behalf of a class of individual plaintiffs and two inactive class action lawsuits alleging that use of the terms “Lights” and “Ultra Lights” constitute deceptive and unfair trade practices, common law or statutory fraud, unjust enrichment, breach of warranty or violations of RICO. Currently Pending Engle Cases with Verdicts Against PM USA (rounded to nearest $ million)
Plaintiff | Verdict Date | Defendant(s) | Court | Compensatory Damages (1) | Punitive Damages (PM USA) | Post-Trial Status
Hoffman | January 2023 | PM USA | Miami-Dade | $5 million ($3 million PM USA) | $0 | Appeal by defendant to First District Court of Appeal pending.
Levine | September 2022 | PM USA and R.J. Reynolds | Miami-Dade | $1 million | $0 | Appeals by defendants and plaintiff to the Third District Court of Appeal pending.
Schertzer | April 2022 | PM USA and R.J. Reynolds | Miami-Dade | $3 million | $0 | Appeal by defendants to the Third District Court of Appeal pending.
Lipp | September 2021 | PM USA | Miami-Dade | $15 million | $28 million | Appeal by defendant to the Third District Court of Appeal pending.
Garcia | May 2021 | PM USA | Miami-Dade | $6 million ($3 million PM USA) | $0 | Appeal by defendant to the Third District Court of Appeal pending.
Plaintiff | Verdict Date | Defendant(s) | Court | Compensatory Damages (1) | Punitive Damages (PM USA) | Post-Trial Status
Duignan | February 2020 (2) | PM USA and R.J. Reynolds | Pinellas | $3 million | $12 million | Florida Supreme Court quashed the Second District Court of Appeal’s affirmation of judgment against the defendants and remanded the case for reconsideration in light of Prentice (3).
McCall | March 2019 | PM USA | Broward | <$1 million (<$1 million PM USA) | $0 | New trial on punitive damages is set for June 2023.
Chadwell | September 2018 | PM USA | Miami-Dade | $2 million | $0 | Third District Court of Appeal has ordered supplemental briefing in accordance with the decision in Prentice (3).
Kaplan (McLaughlin) | July 2018 | PM USA and R.J. Reynolds | Broward | $2 million | $0 | Florida Supreme Court vacated the punitive damages award in accordance with the decision in Sheffield (3). The Fourth District Court of Appeals affirmed the compensatory damages award and granted a new trial on punitive damages.
Cooper (Blackwood) | September 2015 | PM USA and R.J. Reynolds | Broward | $5 million (<$1 million PM USA) | $0 | Fourth District Court of Appeal affirmed the compensatory damages award and granted a new trial on punitive damages.
(1) PM USA’s portion of the compensatory damages award is noted parenthetically where the court has ruled that comparative fault applies. (2) Plaintiff’s verdict following a retrial of an initial verdict in favor of plaintiff. (3) PM USA is not a defendant in Prentice or Sheffield, which are discussed below in Engle Progeny Appellate Issues. Engle Cases Concluded Within Past 12 Months (rounded to nearest $ million)
Plaintiff | Verdict Date | Defendant(s) | Court | Accrual Date | Payment Amount for Damages (if any) | Payment Date
Miller | September 2022 | PM USA and R.J. Reynolds | Miami-Dade | Third quarter of 2022 | <$1 million | December 2022
Tuttle | August 2022 | PM USA | Duval | Third quarter of 2022 | <$1 million | October 2022
Cuddihee | January 2020 | PM USA | Duval | Second quarter of 2022 | $2 million | June 2022
Holliman | February 2019 | PM USA | Miami-Dade | Fourth quarter of 2022 | $3 million | January 2023
D. Brown | January 2015 | PM USA | Federal Court - Middle District of Florida | Third quarter of 2022 | $5 million | August 2022

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