Cigarette case - useful
Cigarette case - useful
Cigarette case - useful
The 45-page opinion, written by Judge Terri Stoneburner, clarifies earlier decisions arising under the state's consumer fraud, deceptive trade practices and false advertising laws. The law giving individuals standing to file such lawsuits is known usually as the "private attorney general statute."
In 2000, the state Supreme Court ruled that it applies only to those that can "demonstrate that their trigger of action benefits the public." Until now, lower courts have taken a restrictive view, creating it tough for individuals to bring such instances.
That made it hard for small to medium cases to get into court simply because lawyers didn't want to risk working on cases that were likely to get tossed out, said Marshall Tanick, a Minneapolis consumer rights attorney who isn't involved within the tobacco case. He said Stoneburner's opinion will have "very significant impact" by creating it easier to bring such cases, which should pressure firms to settle.
"Even though this is really a large case, the irony is that this may have its greatest impact on smaller instances," Tanick said.
The cigarette lawsuit was filed in 2001 in Hennepin County District Court by Gregory Curtis of Eden Prairie and a number of other people who claimed that tobacco business ads convinced them that low-tar cigarettes had been a healthier alternative to regular tobacco. Judge Gary Larson dismissed the suit last December, and the plaintiffs appealed.
They seek disgorgement of cigarette-company profits, restitution for the price of cigarettes they bought and legal fees.
The Appeals Court opinion cited a 2003 Minnesota Supreme Court choice in discovering that people can file lawsuits alleging a violation of the state's consumer-protection laws if they can show that the defendants made misrepresentations about an item or a service to "the public at-large." In addition, it said that claims in such cases can go forward even if the government brings a halt to the offensive conduct that prompted the lawsuit whilst the case is pending.
The Appeals Court also discovered that the trial judge had met the legal requirements to certify the case as a class action over the tobacco company's objections.
It cited the judge's finding that "a class action isn't only an suitable method to resolve the plaintiffs' allegations, but pragmatically, the only method whereby purchasers of Marlboro Lights in Minnesota can seek redress for the alleged deception."
The court remanded the case to the trial court for further proceedings consistent with the order. The plaintiffs' attorneys said they had been much more than satisfied.
"I believe the impact is that the consumer fraud protection statute is alive and well, and that Minnesota customers who are subject to misrepresentations are entitled to proceed on it, and are entitled to proceed as a class," said Kay Nord Hunt, one of the lead plaintiff attorneys.
"Today's ruling is contrary to every federal court choice on whether or not instances like these ought to be certified [as a class action] and the overwhelming majority of state court decisions on the problem," Garnick said.
Edward L. Sweda Jr., senior attorney for the Tobacco Items Liability Project, based in Boston, known as the decision a "resounding victory" for consumers. Sweda noted that the Appeals Court rejected Philip Morris' contention that Minnesota's 1998 settlement with the major tobacco businesses barred this lawsuit, which was brought on behalf of individual consumers, not the state.
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