In order to sue a tobacco company for COPD related to cigarette smoking, a few things need to be established pursuant to the case of Engle v. R.J. Reynolds Tobacco Co.:
First, you must prove that the person was addicted to cigarettes;
Second, you must prove that the cigarette adiction caused one of the smoking-related illnesses specified in the original Engle case (COPD is enumerated.)
Third, and most importantly, you must establish that the illness was discovered or diagnosed by November 21, 1996.
These cases are hotly defended by Big Tobacco and their legal team. All of the elements must be met or the case will be dismissed by the Court.
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