Philip Morris Companies, Inc., a Corporation and Philip Morris Incorporated, a Corporation, Appellants v. Wayne…

Summary

The court affirmed certification of a class alleging that Philip Morris deceptively marketed Marlboro Lights as safer and lower in tar and nicotine. It held that common questions concerning the alleged misrepresentation predominated, that individualized causation and damages issues could be addressed through bifurcation if necessary, that a class action was superior, and that the class was ascertainable through objective purchase and time criteria. Justice Hart, dissenting, would have denied certification because actual damages, individual smoking behavior, and class-member identification defeated Rule 23 requirements.