Legal Opinion

Barnes v. American Tobacco Co.

Court of Appeals for the Third Circuit

Decided November 12, 1998No. 97-1844UnknownCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this suit against the major American tobacco companies, we must decide whether a medical monitoring class should be certified under . Federal Rule of Civil Procedure 23(b)(2). The District Court decertified a proposed class of cigarette smokers on the grounds that significant individual issues precluded certification. After finding the statute of limitations had run with respect to the claims of five named plaintiffs and the sixth had failed to establish the need for medical monitoring, the District Court granted defendants summary judgment. We…

2Cases cited78 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  3. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  4. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  5. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978

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3Cited by11 opinions

  1. William Barnes v. The American Tobacco CompanyCourt of Appeals for the Third Circuit · 1998
  2. Lussier v. Subaru of N.E., et al.District Court, D. New Hampshire · 2001
  3. Adams v. United StatesCourt of Appeals for the Eleventh Circuit · 1999
  4. BOUFFARD v. LABORATORY CORPORATION OF AMERICA HOLDINGSDistrict Court, M.D. North Carolina · 2023
  5. DUZANSON-BAPTISTE v. BANK OF AMERICA CORPORATIONDistrict Court, D. New Jersey · 2024

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