Insolia v. Philip Morris, Inc.
United States District Court for the Western District of Wisconsin
186 F.R.D. 547 (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
Issue
Holding and Reasoning (Crabb, J.)
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