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New Hampshire Supreme Court reverses “light cigarette” class certification
  • Sedgwick LLP
  • USA
  • September 18 2012

In Karen L. Lawrence v. Philip Morris USA, Inc., No. 2011-574 (N.H. August 21, 2012), the New Hampshire Supreme Court overturned a class certification that had been granted in a case brought under the New Hampshire Consumer Protection Act on behalf of state residents who had purchased Marlboro Lights cigarettes


Anti-tobacco law professor predicts opening of food litigation floodgates
  • Shook Hardy & Bacon LLP
  • USA
  • September 2 2011

George Washington University Law School Professor John Banzhaf, who teaches “public interest” law, has issued a press release discussing recent class action claims against ConAgra over its “All Natural” cooking oil representations


Recent denial of class certification in Light Cigarettes Marketing case emphasizes that Article III bars class certification if individual putative class members lack injury in fact
  • Locke Lord LLP
  • USA
  • December 21 2010

In re Light Cigarettes Marketing Sales Practices Litigation, 2010 WL 4901785 (D.Me. Nov. 24, 2010), is the fifteenth case to consider class certification for purchasers of light cigarettes


US Supreme Court justice issues stay in case involving federal due process constraints on state-court class actions
  • Mayer Brown LLP
  • USA
  • September 30 2010

Justice Scalia, acting in his capacity as Circuit Justice for the Fifth Circuit, recently issued a stay of a state-court judgment in a class action to allow the defendants to file a petition for certiorari


Pfizer: the Court of Appeal rinses away the Tobacco II aftertaste
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 4 2010

In Pfizer, Inc. v. Superior Court, ___ Cal. App. 4th __ (March 2, 2010), the Court of Appeal, Second District, applied In re Tobacco II Cases, 46 Cal. 4th 298 (2009) ("Tobacco II") to overturn an order granting class certification


Massachusetts Supreme Court holds that asymptomatic plaintiffs may sue for medical monitoring
  • Mayer Brown LLP
  • USA
  • November 4 2009

In a recent opinion that bucks the national trend, the Massachusetts Supreme Judicial Court authorized plaintiffs who have no manifest physical injuries, but who assert "subcellular changes" caused by cigarette smoking, to sue for medical monitoring


The California Supreme Court addresses standing and causation requirements under the state's unfair competition law
  • Locke Lord LLP
  • USA
  • May 21 2009

On May 18, 2009, the California Supreme Court clarified and liberalized the standards to apply where a plaintiff seeks to bring representative claims under the state’s Unfair Competition Law