9th Circ. Revives Suit Against Philip Morris, Others

Law360, New York (July 15, 2011, 11:55 AM EDT) -- The Ninth Circuit on Thursday revived an ex-smoker's suit against Philip Morris USA Inc., R.J. Reynolds Tobacco Holdings Inc. and others, based on a finding earlier this year that her claims of negligence and product liability, among others, weren't time-barred.

The three-judge panel vacated a district court dismissal of the suit and remanded it for further proceedings. The decision follows the California Supreme Court's clarification of the state law limitations period that applies to the claims of plaintiff Nikki Pooshs, who has terminal lung cancer....
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