Schwab Class Certification Appeal

On October 6, 2006, Philip Morris USA and other defendants asked the U.S. Court of Appeals for the Second Circuit to stay all proceedings in the Schwab class action and to allow an immediate appeal of the class certification ruling in the case by U.S. District Judge Jack Weinstein. 

On October 25, 2006, an appeals court judge granted a temporary stay of pre-trial and trial proceedings pending disposition of the company's application for interlocutory review of the trial court's class certification ruling before a three-judge panel of the U.S. Court of Appeals for the Second Circuit. 

On November 16, 2006, the U.S. Circuit Court of Appeals for the Second Circuit granted appellate review of the trial court's class certification order and permanently stayed all trial court proceedings pending briefing and oral argument before the appeals court on the class certification issue.  Oral argument occurred on July 10, 2007.

On April 3, 2008, the U.S. Circuit Court of Appeals for the Second Circuit reversed the trial court's certification of the class.

Below you will find the motion for immediate stay, petition for interlocutory review of the Schwab certification ruling and the decision from the U.S. Court of Appeals for the Second Circuit.

• Motion for an immediate stay of all Schwab trial proceedings (pdf 2.09MB)
• Petition for interlocutory review of the Schwab class certification ruling (pdf 107KB)
• Decision from the U.S. Court of Appeals for the Second Circuit (pdf 112KB)