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Minnesota Appellate Court Rejects Review of Decertification of Decision in 'Lights' Case
NEW YORK (March 5, 2004) - The Minnesota Court of Appeals yesterday declined to accept an interlocutory appeal of a trial courts decision rejecting class action status for the Curtis "lights" case against Philip Morris USA.
"This decision continues the trend throughout the nation in which federal and state courts in more than 60 cases have refused to certify tobacco lawsuits as class actions," said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.
The only "lights" class actions to be considered by appellate courts were decertified on the basis that determining liability in such cases requires an examination of each individual smoker's circumstances. The Curtis trial court reached the same conclusion.
In today's ruling, the appellate court refused to grant discretionary review of the January 16 order from Hennepin District Judge Allen Oleisky. The plaintiffs sought the review, claiming that Judge Oleisky abused his discretion in denying class certification in the Curtis "lights" case.
In his ruling, Judge Oleisky concluded that, as a practical matter, the plaintiffs could not demonstrate that each member of the class, hundreds of thousands of smokers, actually suffered any harm as a result of statements by the company.
About 20 "lights" class action cases are pending across the country. Only three, involving smokers in Illinois, Missouri and several counties in Ohio, are now certified as class actions. All are being appealed. The Illinois case, known as Price, is currently under review by the Illinois Supreme Court. State appellate courts have decertified two "lights" cases in Massachusetts and Florida.
