Statute of Repose Defense Struck Down For Engle-Progeny Fraud Claims in Florida

Tobacco companies may not raise a statute-of-repose defense to fraud-based claims in so-called Engle-progeny suits in Florida, the Florida Supreme Court ruled unanimously in a pair of cases April 2 (Hess v. Philip Morris USA, Inc., Fla., SC12-2153, 4/2/15; Philip Morris USA, Inc. v. Russo, Fla., SC12-1401, 4/2/15).

The holding allows for punitive damages in cases in which smokers, or smokers’ families, can’t show the smoker relied on tobacco company statements after the repose period began.

And it allows for evidence of tobacco-company conduct across several decades, Philip M. Gerson, an attorney for one of the ...