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Federal Appeals Panel Decertifies Simon Class; Philip Morris USA Says Ruling Consistent With Law
NEW YORK (May 6, 2005) - A federal appeals court has rejected an attempt to establish a nationwide class solely for the purpose of establishing an industry fund to pay punitive damages for yet-to-be filed claims from smokers across the country. Philip Morris USA believes the ruling is supported by settled decisions of the United States Supreme Court and other federal courts construing class-action and punitive damages law.
The appeals court decision is the correct and proper one, said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.
The ruling came in a long-running case called Simon filed in Brooklyn, N.Y. and assigned to U.S. District Judge Jack Weinstein. On Sept. 19, 2002, Judge Weinstein certified the extraordinary class of nationwide smokers and their representatives for punitive damages only.
