Philip Morris Wants Redo Over Atty's 'Predatory' Comparison

Law360, Miami (December 7, 2017, 3:49 PM EST) -- Philip Morris USA Inc. asked the Eleventh Circuit Wednesday to order a new trial in an Engle progeny case that resulted in more than $20 million in damages, arguing that plaintiff’s counsel made improper closing arguments that compared the tobacco company to a “predatory stranger stalking children.”

In a reply brief filed with the appeals court, the tobacco company said smoker Judith Berger’s lawyer made improper inflammatory statements to the jury that were “calculated to impair the jury’s calm and dispassionate consideration of the case.”...
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Case Title

Judith Berger v. Philip Morris USA, Inc.


Case Number

15-15633

Court

Appellate - 11th Circuit

Nature of Suit

4365 Personal Injury-Product Liability

Date Filed

December 21, 2015


Case Title

Judith Berger v. Philip Morris USA, Inc., et al


Case Number

16-15957

Court

Appellate - 11th Circuit

Nature of Suit

3365 Personal Injury-Product Liability

Date Filed

September 13, 2016

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