No. ED 85142.

190 S.W.3d 368 (2005)

Dayna CRAFT, individually and on behalf of all others similarly situated, Plaintiff/Respondent, v. PHILIP MORRIS COMPANIES, INC., and Philip Morris Incorporated, Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied September 22, 2005.

Application for Transfer Denied May 30, 2006.

Attorney(s) appearing for the Case

Stephen M. Tillery, Korein Tillery, Mark I. Bronson, Newman Bronson & Wallis, St. Louis, MO, Stephen A. Swedlow, Robert L. King, Swedlow & King, LLC, Chicago, IL, Gerson H. Smoger, Smoger & Associates, P.C., Oakland, CA, for respondent.

Alan C. Kohn, Robert F. Murray, Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP, St. Louis, MO, Robert C. Heim, Judy L. Leone, Dechert LLP, Philadelphia, PA, Ezra D. Rosenberg, Ronni E. Fuchs, Dechert LLP, Princeton, NJ, for appellants.

Bruce D. Ryder, Thompson Coburn LLP, St. Louis, MO, Jonathan Bach, Stephen Wieder, Kronish Lieb Weiner & Hellman LLP, New York, NY, for Amicus Curiae National Association of Manufacturers.

Michael Ferry, Gateway Legal Services, Inc., St. Louis, MO, F. Paul Bland, Jr., Trial Lawyers for Public Justice, Washington, D.C., Mark Gottlieb, Tobacco Control Resource Center, Inc., Boston, MA, for Amicus Curiae National Association of Consumer Advocates, Trial Lawyers for Public Justice, Tobacco Control Legal Consortium, Campaign for Tobacco-Free Kids.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 22, 2005.


Plaintiff cigarette consumers filed this case as a class action to recover damages and other relief under the Merchandising Practices Act (MPA), section 407.025 RSMo (2000), against defendant cigarette manufacturers on claims arising out of defendants' marketing of "light" cigarettes. The trial court entered an order certifying a class under the MPA...

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