'Castano' to 5th Circuit: a gamble? Judge in tobacco class case allows interlocutory appeal
Article Abstract:
The tobacco companies defending against a huge class-action lawsuit won on May 15 an interlocutory appeal to the 5th Circuit over Judge Okla Jones II's grant of class certification. Plaintiffs' lawyers will ask the judge to reconsider his decision to stop discovery pending decision of the appeal. The case is costing the plaintiffs' firms $120,000 per month, plus salaries for 15 lawyers and 10 staffers. They say the maneuver is simply a stalling tactic, while the tobacco lawyers are proclaiming a small victory.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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After 'Castano': slow and steady; rebuffed in an effort to bring a class action against tobacco, a law firm consortium adopts a new tactic
Article Abstract:
In the wake of the 5th US Circuit Court of Appeals' May 23 denial of class- action certification for Castano v American Tobacco, the 70 law firms that financed it are pursuing state venues. They quickly filed class actions against the tobacco companies in Louisiana, Maryland, Washington DC, and New Mexico, and plan to progress with other states in a more orderly fashion. Many of the hurdles they failed to clear in the federal action remain in most of the states, but may be more easily cleared there.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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5th Circuit next for tobacco suit
Article Abstract:
The Fifth Circuit will likely be the next venue for the class action filed against the tobacco industry by a group of 58 law firms. The industry plans to appeal a decision from the US District Court in New Orleans. The judge in that case ruled that class action is limited to issues of liability and the assessment of punitive damages. That would mean millions of individual cases would be needed to determine everyone's individual compensatory damages.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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