Legal Opinion
Berger v. Philip Morris USA, Inc.
District Court, M.D. Florida
Decided May 5, 2016No. Case No. 3:09-cv-14157PublishedCited by 3 opinions
1Opinion of the Court
ORDER
Carr, Senior United States District Judge1
This is an “Engle -progeny”2 lawsuit by Plaintiff Judith Berger (“Mrs. Berger”), ■ a former smoker of cigarettes, against the manufacturer of those cigarettes, Defendant Philip Morris USA, Inc. (“PM USA”). Mrs. Berger, who now suffers from advanced chronic obstructive pulmonary disorder (“COPD”), alleged that PM USA was liable to her under theories of negligence, strict liability, fraudulent concealment, and conspiracy to conceal. Following a trial, the jury returned a verdict for Mrs. Berger on each of these four claims, and awarded compensatory…
2Cases cited40 opinions
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Gibbons v. OgdenSupreme Court of the United States · 1824
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3Cited by3 opinions
- R.J. Reynolds Tobacco Company v. Phil J. Marotta, etc.Supreme Court of Florida · 2017
- Philip Morris USA, Inc. v. LourieDistrict Court of Appeal of Florida · 2016
- R.J. Reynolds Tobacco Company v. County of San DiegoDistrict Court, S.D. California · 2021