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Insolia v. Philip Morris, Inc.

United States District Court for the Eastern District of Wisconsin
186 F.R.D. 547 (E.D. Wis. 1999)


Facts

Insolia, Mays, and Lovejoy (plaintiffs), former smokers diagnosed with lung cancer, brought suit against major cigarette manufacturers and tobacco industry trade organizations (defendants), claiming an industry-wide conspiracy to deceive customers about the dangers of smoking. The claims of the plaintiffs were joined pursuant to Rule 20 of the Federal Rules of Civil Procedure. The defendants filed a motion to sever the claims of the plaintiffs because the claims were not sufficiently similar. Specifically, the plaintiffs started to smoke at different ages; the plaintiffs smoked different brands of cigarettes; the plaintiffs quit for different reasons; and there is evidence that Mays contracted cancer due to a work-related accident unrelated to smoking.

Rule of Law

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Issue

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Holding and Reasoning (Crabb, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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