Legal Opinion

Carroll v. Philip Morris USA, Inc.

Superior Court of Delaware

Decided May 30, 2017No. C.A. No. 03C-08-167 AMLPublishedCited by 3 opinions

1Opinion of the Court

OPINION

LeGROW, J.

A long-time smoker of “light” cigarettes seeks to hold the tobacco company that sold the cigarettes liable for economic harm allegedly suffered by the plaintiff and members of a purported class that, if certified, would comprise smokers who purchased “light” cigarettes from the defendant. Confronted with a series of decisions in other jurisdictions denying class certification for similar claims, the plaintiff attempts to distinguish this case on the basis of her allegation that, not only were the cigarettes in question not “safer” than regular cigarettes, they potentially…

2Cases cited37 opinions

  1. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  5. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993

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3Cited by3 opinions

  1. Dennis Speerly v. General Motors, LLCCourt of Appeals for the Sixth Circuit · 2025
  2. Arcelik, A.S v. E.I. DuPont de Nemours and CompanyDistrict Court, D. Delaware · 2022
  3. Green v. Geico General Insurance CompanySuperior Court of Delaware · 2019

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