Philip Morris USA Inc. v. Principe
In a non-Engle tobacco case, the Third DCA held that a $10.5 million fraud judgment for a smoker was barred by Florida's 12-year statute of repose for fraud, section 95.031(2)(a). The court held that neither a corporate representative's knowingly false 2011 deposition testimony in an unrelated case nor Philip Morris's continued manufacture and sale of filtered cigarettes constituted 'wrongful conduct' within the repose period under Hess v. Philip Morris USA, Inc.
Key facts
- Philip Morris USA Inc. manufactured and sold filtered cigarettes; Principe, a smoker, sued for fraud based on alleged misrepresentations about cigarette safety.
- A jury returned a $10.5 million fraud judgment for Principe; Philip Morris appealed arguing the claim was barred by Florida's 12-year statute of repose for fraud.
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Why it matters
This decision meaningfully narrows Hess by holding that the intent-to-induce element of fraud must still be satisfied by conduct occurring inside the twelve-year repose window, and that litigation testimony cannot… — full analysis with a trial
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