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Tobacco Litigation: Statistics Permitted for Proof of Causation and Damages in Class Action
Published online by Cambridge University Press: 01 January 2021
Extract
In an ongoing class action suit against large tobacco companies, including Philip Morris, Inc., and R.J. Reynolds Tobacco Co., Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York issued an opinion on October 15, 2002 making statistical proof available to address plaintiffs’ common questions and prove required elements of consumer fraud.
The dilemmas inherent in tobacco litigation as a mass tort action include overcoming the collective action problem (in particular, the relative legal sophistication, experience, resources, and superior bargaining position of tobacco manufacturers as opposed to scattered individual plaintiffs with limited resources), mobilizing appropriate and persuasive legal theories for recovery, and meeting the standards of proof, all in a timely and cost-effective manner. While some tobacco cases have proceeded on products liability theories of defective or negligent design, many recent cases are grounded in consumer fraud laws.
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References
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