R.J. Reynolds Tobacco Company v. Pamela Ciccone, etc.

The majority creates a totally different legal definition of “manifestation” to then rulé that plaintiffs whose cause of action had not yet accrued at the time of Engle3 class certification are part of the class. This newly created “manifestation” cannot be found in Engle and is contraiy to Florida law governing creeping disease cases such as this one. As a result, we have two different meanings of the exact same word: (i) the meaning ascribed by the majority for the purpose of determining whether a plaintiff is a member of the Engle class; and (ii) the meaning commonly used, to determine…