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Pooshs v. Phillip Morris USA

United States District Court for the Northern District of California

287 F.R.D. 543 (2012)

Facts

Nikki Pooshs (plaintiff) brought suit against Phillip Morris USA, Inc. (Phillip Morris) (defendant), a tobacco-products manufacturer. Specifically, Pooshs alleged that Phillip Morris concealed facts about the addictive nature of the nicotine in its tobacco products. At the district court, Pooshs offered testimony from an expert witness named Dr. Valerie Yerger. Dr. Yerger was a naturopathic physician who testified about nicotine addiction. However, there was no indication that Dr. Yerger was familiar with the diagnostic methods used by health professionals to diagnose addiction. Further, Dr. Yerger had no scientific expertise in nicotine’s effects on the human body. Phillip Morris filed a motion to exclude Dr. Yerger’s testimony.

Rule of Law

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Issue

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Holding and Reasoning (Hamilton, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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