PHILIP MORRIS USA, INC. v. CHRISTENSEN

No. 68, September Term, 2005.

905 A.2d 340 (2006)

394 Md. 227

PHILIP MORRIS USA, INC., et al. v. Nona K. CHRISTENSEN, et al.

Court of Appeals of Maryland.

August 4, 2006.


Attorney(s) appearing for the Case

Robert C. Heim (Joseph Patrick Archie of Dechert L.L.P., Philadelphia, PA, James K. Archibald of Venable L.L.P., Baltimore), for Philip Morris USA, Inc., for Petitioners.

Edward J. Lilly (Theodore M. Flerlage of Law Offices of Peter G. Angelos, Baltimore), on brief, for Respondents.

Michael B. Minton, Bruce D. Ryder, Thompson Coburn L.L.P., St. Louis, MO, Edward C. Schmidt, Thompson Coburn L.L.P., Washington, D.C., and Kathleen M. McDonald, Kerr McDonald, L.L.P., Baltimore, Attorneys for Lorillard Tobacco Company.

Kathleen M. McDonald, Kerr McDonald, L.L.P., Baltimore, Attorneys for Giant Food L.L.C., Crown Service, Inc., George J. Falter Co., Inc., and A & A Candy Tobacco Company.

Aaron H. Marks, Nancy Straub, Kasowitz, Benson, Torres & Friedman, L.L.P., New York, NY, Deborah L. Robinson, Peter A. Woolson, Robinson Woolson, P.A., Baltimore, Attorneys for Liggett Group, Inc.

Hugh F. Young, Jr., Esq., Product Liability Advisory Counsel, Inc., Reston, VA, Robert Dale Klein, Esq., Michelle R. Callender, Esq., Wharton Levin Ehrmantraut & Klein, P.A., Annapolis, for amicus curiae Brief of the Product Liability Advisory Counsel, Inc.

Denis C. Mitchell, Esq., Stein, Mitchell and Mezines, Washington, D.C., for amicus curiae Brief of Maryland Trial Lawyers Association.

Argued before BELL, C.J., and RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


RAKER, J.

This case concerns the statute of limitations and whether the commencement of a class action suspends the applicable statute of limitations as to asserted members of the class who would have been parties had the suit been permitted to continue as a class action. We are presented with two issues. First, in a matter of first impression before this Court, we must determine whether, and under what circumstances, the pendency of a putative class action tolls...

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