Aspinall v. Philip Morris USA, Inc.

Leibensperger, Edward P., J.

Plaintiffs move to exclude from evidence at trial deposition testimony obtained by defendant, Philip Morris USA, Inc. (“PM”), in other Marlboro Lights cases around the countiy. The deposition testimony was taken by PM from absent2 class members in other civil actions against PM. PM proposes to offer at trial excerpts from the deposition testimony of approximately 230 absent class members. All of the witnesses are beyond the subpoena power of the court and are, therefore, unavailable to testify at trial. PM argues that the deposition testimony is admissible as an…