Lower-court ruling in Philip Morris suit is overturned
Jump to full article: Cleveland (OH) Plain Dealer, 2006-06-15
Author: T.C. Brown Plain Dealer Bureau
Intro: A split Ohio Supreme Court Wednesday imposed new restrictions on residents who want to file class-action lawsuits against companies accused of deceptive practices.
In a 4-3 ruling, justices overturned lower-court decisions that granted class status in a case filed by Northeast Ohioans who sued Philip Morris, Inc., claiming fraud in marketing its Marlboro Light and Virginia Slims cigarettes.
The court's majority said a judge can certify a case for class action under Ohio's Consumer Sales Practices Act only if the violation cited is "substantially similar" to an act or practice previously declared deceptive by the attorney general or a court. . . .
Joan Claybrook, president of Public Citizen, which was not part of the case, called the ruling outrageous.
"I think this is a political decision by the court and has nothing to do with the merits," Claybrook said. "Consumers suffer the consequences of death and injury, and the court moves on behalf of business interests."
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