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Case Detail


In re Simon II Litigation
On May 6, 2005, the U.S. Court of Appeals for the Second Circuit overturned a district court decision that certified a nationwide class action on behalf of smokers seeking punitive damages against the cigarette industry. The decision was a victory for WLF, which had filed a brief arguing that the suit would be wholly unmanageable if it proceeded as a class action on behalf of millions of smokers. The Court agreed with WLF that certification of the class violated federal court rules. WLF argued that the legal principles announced by the district court would justify certification of a nationwide class in virtually any mass tort action. WLF also argued that certification violated the constitutional rights of both absent class members and the defendants; the appeals court did not reach that issue. WLF filed its brief on behalf of itself and the National Association of Manufacturers.
Case Status:
Victory.
More Information and Downloads:
6/4/2003: Download the Brief

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