Legal Opinion

Romero v. Philip Morris Incorporated

New Mexico Court of Appeals

Decided February 8, 2005No. 24,034PublishedCited by 15 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} We have here first impression issues for New Mexico relating to certification of an indirect (consumer) purchaser antitrust (price-fixing) class action. Defendant cigarette manufacturers appeal from an order certifying a statewide class of all consumers who bought Defendants’ cigarettes during an approximate seven-year period.

{2} Plaintiffs allege Defendants violated the New Mexico Antitrust Act, NMSA 1978, §§ 57-1-1 to -17 (1979, as amended through 1987), by entering into a conspiracy to inflate them cigarette list price increases to wholesalers and distributors.…

2Cases cited48 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969

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3Cited by15 opinions

  1. Fiser v. Dell Computer CorporationNew Mexico Supreme Court · 2008
  2. Schwab v. Philip Morris USA, Inc.District Court, E.D. New York · 2006
  3. Ferrell v. Allstate InsuranceNew Mexico Supreme Court · 2008
  4. Davis v. Devon Energy Corp.New Mexico Supreme Court · 2009
  5. Armijo v. Wal-Mart Stores, Inc.New Mexico Court of Appeals · 2007

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