Philip Morris USA v. Russo

This lawsuit was filed by an individual alleging that smoking caused her to develop chronic obstructive pulmonary disease (COPD). The lawsuit arises from a 1994 class-action lawsuit on behalf of Florida smokers against major tobacco companies (Engle v. Liggett Group, Inc.). In this decision, the court affirmed an earlier ruling allowing the plaintiff’s fraud claims to continue. The court found that the fraud claims were filed within the appropriate amount of time because the earlier class action lawsuit in Engle had proven that the major tobacco companies fraudulently concealed information about the health risks of smoking. 


Philip Morris USA, Inc. v. Tina Russo, No. SC12-1401, Supreme Court of Florida (2015).

  • United States
  • Apr 2, 2015
  • Supreme Court of Florida


Plaintiff Tina Russo as executor De son tort for the Estate of Phyllis Frazier


  • Philip Morris USA, Inc.
  • R.J. Reynolds

Legislation Cited

Fla. Statute 95.031(2) - fraud statute of repose

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product