Aspinall v. Philip Morris
- Case Date: 1/23/2004
- Project Name: Class Action Reform
On August 13, 2004, the Massachusetts Supreme Judicial Court upheld a trial judge's order that certifies a massive class action alleging consumer fraud. The suit alleges that the cigarette industry defrauded the public when it allegedly marketed "light" cigarette as safer alternatives to regular cigarettes. The decision was a setback for WLF, which filed a brief urging the court to overturn the certification order. WLF argued that class action treatment is inappropriate because the case is too unwieldy to bring to trial as a class action -- every class member's claim is unique and requires individualized treatment of such issues as reliance, causation, and damages.
|Class action certification affirmed; case continues.|
More Information and Downloads:
2/10/2004: Download the Brief
Press Release: Massachusetts High Court Urged To Decertify Class Action