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CARROLL v. PHILIP MORRIS USA, INC.

C.A. No. 03C-08-167 AML.

163 A.3d 91 (2017)

Mary A. CARROLL and Betty C. Lynn, on behalf of themselves and all others similarly situated, Plaintiffs, v. PHILIP MORRIS USA, INC., a Foreign Corporation, f/k/a Philip Morris Incorporated, Defendant.

Superior Court of Delaware.

Decided: May 30, 2017.

Attorney(s) appearing for the Case

Philip M. Finestrauss, Esquire , PHILIP M. FINESTRAUSS, P.A., Wilmington, Delaware; Stephen R. Fine, Esquire , LAW OFFICES OF STEPHEN R. FINE, Manchester, New Hampshire; Finis E. Williams, III, Esquire , FINIS E. WILLIAMS, III, ESQUIRE, Concord, New Hampshire; Attorneys for Plaintiffs.

Donald E. Reid, Esquire , MORRIS, NICHOLS, ARSHT & TUNNEL, Wilmington, Delaware; John C. Massaro, Esquire and David E. Kouba, Esquire , ARNOLD & PORTER LLP, Washington, DC.; Attorneys for Defendant.

OPINION

A long-time smoker of "light" cigarettes seeks to hold the tobacco company that sold the cigarettes liable for economic harm allegedly suffered by the plaintiff and members of a purported class that, if certified, would comprise smokers who purchased "light" cigarettes from the defendant. Confronted...

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