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COHEN v. PHILIP MORRIS USA, INC.

No. 4D13-2681.

203 So.3d 942 (2016)

David COHEN, as Personal Representative of the Estate of Helen Cohen, Appellant, v. PHILIP MORRIS USA, INC., a foreign corporation; R.J. Reynolds Tobacco Company, individually and as successor by merger to Brown & Williamson Tobacco Corporation, individually and as successor by merger to The American Tobacco Company, a foreign corporation; Lorillard Tobacco Company, a foreign corporation; Liggett Group, LLC, (f/k/a Liggett Group, Inc., f/k/a Liggett & Myers Tobacco Company); and Vector Group Ltd, Inc. (f/k/a Brooke Group, Ltd.), a foreign corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

September 7, 2016.

Attorney(s) appearing for the Case

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and Scott P. Schlesinger and Jonathan R. Gdanski of Schlesinger Law Offices, P.A., Fort Lauderdale, for appellant.

Todd P. Davis , William L. Durham II , and Philip R. Green of King & Spalding LLP, Atlanta, Georgia, John P. Wiederhold of Wiederhold & Moses, PA, West Palm Beach, and Andrew S. Brenner of Boies, Schiller & Flexner LLP, Miami, for appellees Philip Morris USA, Inc., R.J. Reynolds Tobacco Company, Liggett Group, LLC and Vector Group Ltd., Inc.

Karen H. Curtis of Clarke Silverglate, P.A., Miami, for Liggett Group, LLC and Vector Group Ltd., Inc.

David Cohen ("the plaintiff") appeals the final judgment entered in favor of one of the defendants, Philip Morris USA, Inc. ("Philip Morris"), and the order granting the remaining defendants a new trial. He argues that the trial court erred in finding that he did not put forward sufficient evidence of causation as to Philip Morris,...

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