Judge Woodcock Refuses to Dismiss Lawsuit Against Philip Morris USA and Altria Group, Inc.; Grants Parker Waichman Alonso LLP’s Motion to Remand Back to New York
The Honorable John A. Woodcock, Jr., Chief District Judge, U.S. District Court, District of Maine, Refuses to Dismiss Light Cigarette Lawsuit Against Philip Morris USA and Altria Group, Inc.; Grants Parker Waichman Alonso LLP’s Motion to Suggest Remand Back to Eastern District of New York For Class Certification
New York, New York (PRWEB) December 12, 2011
Parker Waichman Alonso LLP, a national law firm, is pleased to announce that the Honorable John A. Woodcock, Jr., Chief District Judge for the U.S. District Court, District of Maine, has refused a Defense motion to dismiss a light cigarette lawsuit filed by the firm against Philip Morris USA and Altria Group, Inc. In addition, Judge Woodcock has granted Parker Waichman AlonsoÃ¢s Motion to Suggest Remand back to the Eastern District of New York for class certification (Case No. 1:09-md-02068-JAW)
The lawsuit, Bryant Tang vs. Philip Morris, USA, was initially filed by Parker Waichman Alonso in U.S. District Court, Eastern District of New York on behalf of a Plaintiff who allegedly suffered economic damages as a result of misrepresentations made about Marlboro Lights cigarettes marketed by Philip Morris USA (Docket Number: 08-CV-5085). The lawsuit alleges that as early as 1971, Philip Morris USA deceptively marketed Marlboro Lights cigarettes as a less dangerous alternative to regular cigarettes. It further alleges that Philip Morris USA falsely claimed that Marlboro Lights had “Lowered Tar and Nicotine,” even though the company knew those cigarettes would not deliver less tar or nicotine to the consumer.
On September 29, 2009, the U.S. Judicial Panel on Multidistrict Litigation consolidated all light cigarette lawsuits, including the Tang complaint, filed against the Defendants in federal courts throughout the U.S. in the Light Cigarettes Marketing and Sales Practices Multidistrict Litigation (MDL No. 268). The cases were transferred to U.S. District Court, District of Maine, before Judge Woodcock.
On November 24, 2010, Judge Woodcock denied class certification to four test cases submitted in the multidistrict litigation, finding non-commonality. Defendants then sought to apply Judge Woodcock’s ruling to dismiss the remaining four complaints, including the Tang lawsuit.
Parker Waichman Alonso LLP opposed the Motion to Dismiss, and moved to have the Tang lawsuit remanded back to the Eastern District of New York. The Motion to Suggest Remand asserted that Section 349 of New York State’s General Business Law provides a common element of damages applicable to all New York class members.
In an order filed today, Judge Woodcock refused to dismiss the remaining four lawsuits, including the Tang complaint. Judge Woodcock also granted Parker Waichman Alonso’s Motion to Suggest Remand to the Eastern District of New York. The case will now be referred back to the U.S. Judicial Panel on Multidistrict Litigation, which will make the final decision on whether or not to remand the lawsuit to New York.
Parker Waichman Alonso LLP continues to offer free case evaluations to consumers who purchased light cigarette through the firm’s Web site at http://www.yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).
For more information on Parker Waichman Alonso LLP, please visit: http://www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).
Parker Waichman Alonso LLP
For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2011/12/prweb9035548.htm