Florida Panel Affirms: After Opting Out Of Engle, Plaintiffs’ Claims Untimely

Mealey's (December 7, 2018, 12:41 PM EST) -- MIAMI — In a per curiam affirmance issued Dec. 5, Florida’s Third District Court of Appeal left intact a summary judgment that two purported Engle progeny cases are barred by the statute of limitations because two plaintiffs who previously opted out of the Engle class attempted to opt back in after the window for readmission had closed (Janice S. Tidwell, et al. v. Philip Morris USA Inc., et al., Nos. 3D17-1920, 3D17-1916, Fla. Dist., 3rd App., 2018 Fla. App. LEXIS 17360)....

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