Legal Opinion
Aspinall v. Philip Morris USA, Inc.
Massachusetts Superior Court
Decided August 11, 2015No. SUCV199806002BLS1PublishedCited by 1 opinion
1Opinion of the Court
Leibensperger, Edward P., J.
In this certified class action, pending since 1998 and scheduled for trial on October 19, 2015, defendant, Philip Morris USA, Inc. (“PM”), moves for summary judgment on the theory that plaintiffs cannot prove injury or damages. The motion is based, in part, on the anticipated allowance of PM’s separate motion to exclude the testimony of plaintiffs’ damages experts. For the reasons stated below, both motions are DENIED.
BACKGROUND
The background of this case is recited in numerous rulings of the court and in the decision of the Supreme Judicial Court (“SJC”) in…
2Cases cited9 opinions
- Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
- Commonwealth v. LaniganMassachusetts Supreme Judicial Court · 1994
- McLaughlin v. American Tobacco Co.Court of Appeals for the Second Circuit · 2008
- Leardi v. BrownMassachusetts Supreme Judicial Court · 1985
- Hershenow v. Enterprise Rent-A-Car Co.Massachusetts Supreme Judicial Court · 2006
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3Cited by1 opinion
- Geanacopoulos v. Philip Morris Usa, Inc.Massachusetts Superior Court · 2016