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Company Says Plaintiffs' Lawyers Invite Court to Ignore Decade of Rulings Rejecting These CasesNEW YORKMay 12, 2004
“This lawsuit asks the court to do what no other federal court has ever done, that is to approve a class action consisting of ‘light’ cigarette smokers.” said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel. “Federal courts across the country have overwhelmingly rejected class actions in tobacco cases, and we believe this case should be treated no differently by the District Court.” Furthermore, state courts have refused to allow ‘lights’ cases to proceed as class actions in Florida, Massachusetts and Minnesota, and in states where trial courts have certified ‘lights’ classes, no appellate court has upheld such a certification to date. The lawsuit, announced in a press release issued by a group of plaintiffs’ lawyers, asks the Court to certify a nationwide class of millions of “light” cigarette smokers. The class would consist of smokers who purchased cigarettes in all 50 states and would encompass purchasers of all major brands from all major manufacturers. “From their press release, the plaintiffs’ lawyers apparently are asking the Court to ignore the last decade of state and federal court decisions across the country that have repeatedly explained why the law does not allow these types of cases to be certified as class action,” Ohlemeyer said.
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