Smoker Death Case Against Philip Morris Tossed Again

Law360, New York (November 20, 2009, 6:06 PM EST) -- A New York man whose ex-wife died of lung cancer has had his complaint against Philip Morris dismissed from federal court for the second time, though the court did offer him another chance to plead his fraud and product liability claims.

Judge Peter K. Leisure of the U.S. District Court for the Southern District of New York threw out John Tuosto’s second amended complaint in an opinion issued Thursday, saying the claims that were not pre-empted were inadequately pled.

The dispute has gone on since 2005,...
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