Legal Opinion

Philip Morris USA, Inc. v. Hess

District Court of Appeal of Florida

Decided May 2, 2012No. 4D09-2666PublishedCited by 22 opinions

1Opinion of the CourtDamoorgian, J.

Philip Morris USA, Inc. (“PM USA”) appeals the trial court’s final judgment entered in favor of Elaine Hess, as surviving spouse and personal representative of the estate of her deceased husband, Stuart Hess. PM USA raises three issues on appeal. First, it contends that the trial court erred in denying its motion for judgment as a matter of law on the fraudulent concealment claim because it was barred by the statute of repose. Next, it argues that the trial court misapplied the Engle1 findings. Lastly, it submits that the trial court erred in denying its motion to remit the punitive damages…

2Cases cited13 opinions

  1. Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
  2. Johnson v. DavisSupreme Court of Florida · 1985
  3. R.J. Reynolds Tobacco Co. v. MartinDistrict Court of Appeal of Florida · 2010
  4. Franqui v. StateSupreme Court of Florida · 2011
  5. Nehme v. Smithkline Beecham Clinical Laboratories, Inc.Supreme Court of Florida · 2003

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Elaine Hess, etc. v. Philip Morris USA, Inc.Supreme Court of Florida · 2015
  2. Aprigliano v. American Honda Motor Co.District Court, S.D. Florida · 2013
  3. Philip Morris USA, Inc. v. Tina Russo, etc.Supreme Court of Florida · 2015
  4. R.J. Reynolds Tobacco Co. v. HiottDistrict Court of Appeal of Florida · 2014
  5. Philip Morris USA, Inc. v. KaytonDistrict Court of Appeal of Florida · 2012

17 more not listed; retrieve them via the Exa API.

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