In re Simon II Litigation
United States Court of Appeals for the Second Circuit
407 F.3d 125 (2005)
- Written by Marissa Richardson , JD
Facts
Former smokers diagnosed with a variety of smoking-related diseases (the smokers) (plaintiffs) filed a federal action against numerous tobacco companies (defendants), alleging that the tobacco companies conspired in a decades-long scheme to mislead and defraud the American public regarding the health consequences of smoking cigarettes. The smokers brought this action on behalf of themselves, as well as current and former smokers suffering from a variety of diseases linked to smoking, seeking punitive damages—for which a constitutional cap would apply—from the tobacco companies. The smokers moved the district court for certification as a limited-fund class pursuant to a limited-punishment theory based on the constitutional cap on punitive damages. The district court granted the motion and certified the smokers as a punitive-damages class pursuant to Federal Rule of Civil Procedure 23(b)(1)(B). The tobacco companies appealed the district court’s certification order.
Rule of Law
Issue
Holding and Reasoning (Oakes, J.)
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