Civil Procedure Keyed to Marcus
Insolia v. Philip Morris, Inc
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Plaintiffs’ complaint alleged fraud and civil conspiracy to commit fraud. In order to win, Plaintiffs must demonstrate that the Defendants made false statements on which the Plaintiffs relied. Plaintiffs were recently diagnosed with lung cancer. Each smoked a pack of cigarettes a day for many years. Insolia began smoking at age of 12 and quit 40 years later. May and LoveJoy began smoking at the age of 16 and smoked for about 42 years. Plaintiffs’ complaint presented evidence in support of a class action that the tobacco companies worked together for many years to counteract scientific evidence that smoking was harmful and addictive. In 1958, the companies created a trade association, Tobacco Institute, whose purpose was to create doubt about health effects of smoking. Plaintiffs’ Motion to Certify a class of Wisconsin residents who had smoked for 20 years and been diagnosed with lung cancer was denied on ground that common questions did not predominate.
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