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Top Verdicts

Feb. 16, 2012

Top 5 Appellate Reversals--Nikki Pooshs v. Philip Morris U.S.A. Inc., et al.


In 2003, Nikki Pooshs, who had been a regular cigarette smoker for 35 years, was diagnosed with lung cancer and decided to sue Philip Morris U.S.A. Inc. Her claim was rejected in federal district court, however, as the result of California's "single injury" rule. This meant that because Pooshs had suffered prior ailments as a result of smoking cigarettes, the statute of limitations to bring a claim for cancer had already expired, even though she filed suit wi...

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