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Breaking: Second Circuit tosses light cigarette class action

The McLaughlin v. Philip Morris USA opinion, issued today, finds that "because individual issues outweigh issues susceptible to common proof, the class is not maintainable under Federal Rule of Civil Procedure 23(b)(3)." I'd criticized Judge Weinstein's underlying Schwab decision in a Liability Outlook last year. Earlier on POL: Sep. 25, 2006; Sep. 27, 2006; Oct. 1, 2006; Mar. 2006.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.