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Experience - McLaughlin v. American Tobacco Co., 522 F.3d 215 (2nd Cir. 2008) 

Summary: The Second Circuit reversed a class certification order in McLaughlin v. American Tobacco Co., No. 06-4666-cv (2d Cir. April 3, 2008), where the district court (Judge Jack B. Weinstein) had certified a nationwide RICO fraud class of every person who has ever purchased a package of lights cigarettes . . .

The Second Circuit ruled that such a procedure, which "is likely to result in an astronomical damages figure," is "an impermissible affront to defendants' due process rights" and "offends the Rules Enabling Act," which provides that Rule 23 and other procedural rules cannot be used to "abridge, enlarge, or modify any substantive right."

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