Aspinall v. Philip Morris Companies

Lauriat, Peter M., J.

In this fourteen-year-old class action, plaintiffs Lori Aspinall and Thomas Geanacopoulos, on behalf of themselves and all others similarly situated (the “plaintiffs”), have now moved for partial summary judgment against defendants Philip Morris USA (“Philip Morris”) and Altria Group, Inc. (“Altria”) (collectively, the “defendants”). The plaintiffs urge the court to apply the doctrine of non-mutual offensive collateral estoppel to establish, as a matter of law, that the defendants are liable under G.L.c. 93A. For the following reasons, the plaintiffs’ motion is denied.

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