Big tobacco is continuing its effort to undo Engle through appeals to SCOTUS. Last fall, big tobacco launched yet another attack. Now, LAW360 reports that 10 new cert petitions were filed this week. The article starts out:"Big Tobacco launched an offensive Friday in the U.S. Supreme Court against Engle progeny litigation, asking the court to determine whether the companies’ due process rights were violated when members of the landmark class action were allowed to use findings from that case in their individual suits.
Philip Morris USA Inc., R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co. filed 10 separate petitions for writs of certiorari in the cases that stemmed from the Florida Supreme Court’s 2006 decision in Engle v. Liggett Group Inc., which decertified a class of 700,000 smokers but allowed them to sue the companies independently using the Engle jury’s eight liability findings."