Frazier v. Philip Morris USA Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, for conspiracy claim, it is the last act done in furtherance of the conspiracy that fixes the date for commencement of the statute of repose and plaintiff need not show continued reliance upon that last act
• holding that, for conspiracy claim, it is the last act done in furtherance of the conspiracy that fixes the date for commencement of the statute of repose and plaintiff need not show continued reliance upon that last act
• noting that appellant “made and preserved meritorious objections to the court’s adoption of the jury instruction and special interrogatory verdict question submitted by the appellees on the statute of limitations defense”
• rejecting Philip Morris’s contention that the plaintiff “was obligated to show further or continued reliance upon the alleged last act in furtherance of the conspiracy”
• looking to Engle III's treatment of Delia Vecchia for guidance on the question of class membership
• limitations period began to run, not when the smoker was diagnosed with COPD, but when symptoms of disease began manifesting itself to degree that the plaintiff knew or should have known of reasonable possibility that symptoms were causally related to smoking.

Source: CourtListener parenthetical corpus (CC0).