|
Ohio court weighs class action status in 'light' cigarette suit
Ohio companies are siding with Philip Morris USA Inc. in a lawsuit over so-called light cigarettes, arguing that the state could become a magnet for class action lawsuits of all kinds if smokers prevail in their claim. The Richmond, Va., cigarette giant has asked the Ohio Supreme Court to strike down the class action status of two Ohio smokers. They claim the tobacco company knew cigarettes it marketed as having less tar and nicotine would be as dangerous as regular smokes. Philip Morris contends that Ohio law requires a more specific warning from the state on a company's marketing practices before allowing such lawsuits. Class action lawsuits can bring much higher damages than a number of individual lawsuits. A ruling will come next year. The Ohio Chamber of Commerce, Ohio Manufacturers Association and other trade groups warn that Ohio's economy may be at risk if the case is allowed to be a class action. "Under the rationale utilized by the lower courts in this case, virtually any consumer transaction can become the foundation for a statewide class action seeking extraordinary damages," argued the groups' attorney William Todd. "Ohio may become a haven for these new forms of intrastate class actions that would target Ohio businesses." ... All Ohio businesses should pay attention to the case, said Ohio State University law professor Christopher Fairman. "This is a limit-drawing case," he said. "It's going to have ripple effects."
For a copy of the complete article, contact CJRG. |