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PHILIP MORRIS COMPANIES, INC. v. MINER

No. CV-14-193.

462 S.W.3d 313 (2015)

2015 Ark. 73

PHILIP MORRIS COMPANIES, INC., a corporation and Philip Morris Incorporated, a corporation, Appellants v. Wayne MINER and James Easley, individually and on behalf of all others similarly situated, Appellees

Supreme Court of Arkansas.

Opinion Delivered February 26, 2015.

Attorney(s) appearing for the Case

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., by: R.T. Beard, III ; Little Rock, and Arnold & Porter LLP, by: Lisa S. Blatt , John C. Massaro , and David E. Kouba , for appellants.

Thrash Law Firm, P.A., by: Thomas P. Thrash and Marcus Neil Bozeman , Little Rock; Don Barrett, P.A., by: John W. "Don" Barrett , Lexington, and Brian K. Herrington ; and Barnow & Associates, P.C., by: Ben Barrow , and Erich Schork , Chicago, for appellees.

Brian G. Brooks, Attorney at Law, PLLC, by: Brian G. Brooks , for amicus curiae Arkansas Trial Lawyers Association.

Kitterman Law Firm, P.A., by: Gregory S. Kitterman , Little Rock; and Elliott & Smith Law Firm, by: Don R. Elliott, Jr. , Fayetteville, for amici curiae Tobacco-Free Kids, American Lung Association, and American Cancer Society Cancer Action Network.

Kutak Rock LLP, by: Jess Askew III , Little Rock, for amicus curiae Arkansas State Chamber of Commerce.

Class certification is proper if six, rule-based prerequisites are satisfied. Two of those prerequisites are at issue in this case: predominance and superiority. Another issue is whether the class is ascertainable. Here, the class plaintiffs alleged that Philip Morris deceived them by advertising Marlboro Lights...

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