Jump to full article: AP, 2005-12-02
Author: The Associated Press
Intro: The state Supreme Court ruled Friday that a mass trial can be held on more than 1,000 complaints against five tobacco companies - including two based in North Carolina - and a public relations firm.
But the court said its decision was not a judgment on whether such a trial is the best way to handle the cases.
The unanimous unsigned ruling answered a certified question on whether a 2003 U.S. Supreme Court ruling prevented Ohio County Circuit Judge Arthur Recht from holding a mass trial in two phases, as had been under development since 2000.
The defendants in the case are R.J. Reynolds Tobacco Co. and Brown & Williamson Tobacco Corp., which have since merged to form Reynolds American Inc., based in in Winston-Salem, N.C.; Lorillard Tobacco Co., based in Greensboro, N.C., Philip Morris USA Inc., British American Tobacco Investments Ltd. and public relations firm Hill and Knowlton Inc.
About 1,100 smokers claim the defendants were involved in a process of "fraudulent concealment" beginning in the 1950s to entice people to smoke. Their allegations included that the companies marketed smoking to youths, made misrepresentations about "light" cigarettes and manipulated nicotine levels in certain brands.
Under Recht's plan, the first phase of a trial would determine whether the companies are liable and to develop a formula for punitive damages. The second would decide compensatory and punitive damages for each plaintiff based on the multiplier.
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