Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted: September 20, 2005.
Filed: December 2, 2005.
Attorney(s) appearing for the Case
Cindy J. Kiblinger, Esq., James F. Humphreys & Associates, Timothy N. Barber, Esq., Charleston, Kenneth B. McClain, Esq., Scott B. Hall, Esq., Humphrey, Farrington & McClain, Independence, MO, for Plaintiffs.
Andrew Shapiro, Esq., Mayer, Brown, Rowe & Maw, Chicago, IL, for Defendants.
W. Henry Jernigan, Jr., Esq., Brace R. Mullett, Esq., Dinsmore & Shohl, Charleston, for R.J. Reynolds Tobacco Company and Brown & Williamson Holdings, Inc.
Michael J. Farrell, Esq., Joseph M. Farrell, Jr., Esq., Farrell, Farrell & Farrell, Huntington, for Lorillard Tobacco Company.
David B. Thomas, Esq., Pamela L. Campbell, Esq., Teresa K. Thompson, Esq., Allen Guthrie McHugh & Thomas, Charleston, for Philip Morris USA, Inc. and Defendants' Liaison Counsel.
Richard E. Rowe, Esq., J. David Fenwick, Esq., Goodwin & Goodwin, Charleston, for British American Tobacco (Investments) Limited f/k/a British-American Tobacco Company Limited.
Thomas V. Flaherty, Esq., Andrew B. Cooke, Esq., Flaherty, Sensabaugh & Bonasso, Charleston, for B.A.T. Industries p.l.c.
Shawn P. George, Esq., George & Lorensen, Charleston, for Hill and Knowlton, Inc.
Stephen B. Farmer, Esq., G. Kenneth Robertson, Esq., Farmer, Cline & Campbell, for Amici Curiae Certain Asbestos Defendants.
Justice BENJAMIN concurs and reserves the right to file a concurring opinion.
Supreme Court of Appeals of West Virginia.
MAYNARD, Justice.
This case concerns the following certified question from the Circuit Court of Ohio County:
Does the Due Process Clause of the Fourteenth Amendment to the Federal Constitution, as interpreted by State Farm v. Campbell, preclude a bifurcated trial plan in a consolidated action consisting of personal injury claims of approximately 1,000 individual smokers, wherein Phase I of the trial would decide certain elements of liability and a...
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