On Remand, Judge Again Denies Issue Preclusion In Smoker’s Wrongful Death Suit

Mealey's (May 15, 2020, 1:32 PM EDT) -- BRIDGEPORT, Conn. — A federal judge in Connecticut readdressing a smoker’s widower’s motion to preclude findings regarding the tobacco industry’s manipulation of nicotine levels and cigarettes from his wrongful death lawsuit after remand by the Second Circuit U.S. Court of Appeals on May 12 found that the motion did not pass the “fairness” test for issue preclusion (Vincent J. Bifolck v. Philip Morris USA Inc., No. 06-1768, D. Conn., 2020 U.S. Dist. LEXIS 83298)....