A federal appeals court has agreed to scrap its closely watched decision in Florida tobacco litigation that protected cigarette makers from smokers’ strict liability and negligence claims.
The 11th U.S. Circuit Court of Appeals on Thursday granted Earl Graham’s petition to rehear en banc his lawsuit against R.J. Reynolds and Philip Morris USA. The court vacated its original April 2015 decision, which held that former members of the Engle v. Liggett class action could not rely on findings from a 1999 trial in their individual lawsuits to bolster claims about the inherent risks of smoking central to hundreds of lawsuits against tobacco companies.
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