Legal Opinion

Berger v. Philip Morris USA, Inc.

District Court, M.D. Florida

Decided April 23, 2015No. Case No. 3:09-cv-14157PublishedCited by 3 opinions

1Opinion of the Court

ORDER

CARR, District Judge.1

This is an “Engle-progeny”2 suit by Plaintiff Judith Berger (Mrs. Berger), a former smoker of cigarettes, against the manufacturer of those cigarettes, Defendant Philip Morris USA, Inc. (PMUSA). Following trial, the jury returned a compensatory damages verdict of $6.25 million (with a 40% comparative fault finding) and an award of $20,000,760.14 in punitive damages based upon Mrs. Berger’s fraud and conspiracy claims. (Doc. 92).

Pending is PMUSA’s Renewed Motion for Judgment as a Matter of Law on Plaintiffs Fraudulent Concealment' and Conspiracy Claims or, in the…

2Cases cited53 opinions

  1. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  2. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  3. West v. Caterpillar Tractor Company, Inc.Supreme Court of Florida · 1976
  4. Dan Lind v. Schenley Industries IncCourt of Appeals for the Third Circuit · 1960
  5. Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006

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3Cited by3 opinions

  1. Bernard Cote v. Philip Morris USA, Inc.Court of Appeals for the Eleventh Circuit · 2018
  2. Philip Morris USA, Inc. v. DuignanDistrict Court of Appeal of Florida · 2017
  3. R. J. Reynolds Tobacco Company v. Colette S. O'Hara, as Personal Rep. etc.District Court of Appeal of Florida · 2017

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