Legal Opinion

Geiger v. American Tobacco Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 2000PublishedCited by 11 opinions

1Opinion of the Court

—In a proposed class action by and on behalf of, among others, New York State residents who have contracted lung and/or throat cancer from smoking cigarettes, to recover damages, inter alia, for failure to warn prior to 1969, the plaintiffs appeal from an order of the Supreme Court, Queens County (Berke, J.), dated September 2, 1999, which denied their cross motion for class certification.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contentions, the Supreme Court properly denied their cross motion for class action certification. The purportedly common issues…

2Cases cited5 opinions

  1. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
  2. Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
  3. William Barnes v. The American Tobacco CompanyCourt of Appeals for the Third Circuit · 1998
  4. Small v. Lorillard Tobacco Co.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Rosenfeld v. A. H. Robins Co.Appellate Division of the Supreme Court of the State of New York · 1978

3Cited by11 opinions

  1. Liggett Group, Inc. v. EngleDistrict Court of Appeal of Florida · 2003
  2. Benner v. Becton Dickinson & Co.District Court, S.D. New York · 2003
  3. Brown v. R.J. Reynolds Tobacco Co.District Court, M.D. Florida · 2008
  4. Catalano v. Heraeus Kulzer, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Osarczuk v. Associated Universities, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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