Berger v. Philip Morris USA Inc.

ORDER

JAMES G. CARR, Senior District Judge.

This is an “Engle-progeny” tobacco product liability case, in which plaintiff Judith Berger sued defendant Philip Morris USA, Inc. (PMUSA) for injuries allegedly resulting from PMUSA’s tortious conduct.1

*1067A crucial issue in this case, trial of which recently concluded, was whether Mrs. Berger could use the “Engle findings” to establish her claims. Doing so requires membership in the decertified Engle class. To qualify for class membership (and thus, be eligible to use the “Engle findings”), Mrs. Berger had to prove, among other requirements, that her…