When New York federal Judge Jack B. Weinstein certified a nationwide class action in the "light" cigarette litigation, he proposed a "fluid recovery" of damages -- whereby a jury would decide aggregate liability and aggregate compensation, and damages to individual plaintiffs would later be distributed through a simplified proof process. Bryan Cave's Philip E. Karmel (pictured) and Peter R. Paden analyze the rationale behind Weinstein's proposal and explain why defendants are arguing strenuously against it.
January 04, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
On Sept. 25, 2006, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York certified a nationwide class action of tens of millions of plaintiffs who purchased “light” cigarettes from the date of their introduction into the marketplace in 1971. Schwab v. Philip Morris USA Inc., 449 F.Supp.2d 992 (E.D.N.Y. 2006).
The case is now before the 2nd U.S. Circuit Court of Appeals on interlocutory appeal.
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