11th Circ. Nixes Widow's Win In Engle Tobacco Suit

Law360 (November 20, 2020, 10:45 PM EST) -- Big Tobacco scored a win in one of the last Engle progeny cases pending in federal court Friday, with the Eleventh Circuit finding that a widow can't collect on her husband's death because neither of his conditions qualified him as a member of a historic tobacco class action.

Patricia Harris' husband, Gerald Harris, died of heart disease and oral cancer. Each satisfied one prong of the two-part test for Engle class membership — diseases caused by smoking that arose before the 1996 cutoff date — but neither satisfied both, a three-judge panel found.

Engle class members can rely on the liability...

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