A New York appellate court has held that a $248 billion nationwide settlement with tobacco companies in which New York state was a party bars the estate and husband of a New York woman who died of lung cancer from bringing a punitive damages claim against Philip Morris and other tobacco-industry giants.
In a unanimous opinion, the Appellate Division, 1st Department, held that the previous litigation that culminated in a 1998 settlement and the personal injury action were predicated on “materially indistinguishable” transactions.
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