Judge Grants Parker Waichman LLP Motion to Remand Marlboro Lights Cigarette LawsuitDec 13, 2011 | Parker Waichman LLP
A federal judge has granted Parker Waichman LLP's motion to suggest that a light cigarette class action lawsuit it filed on behalf of a New York man be remanded back to U.S. District Court for the Eastern District of New York. The lawsuit, Bryant Tang vs. Philip Morris, USA, alleges purchasers of Marlboro Lights suffered economic damages as a result of misrepresentations made by Philip Morris and Altria Group about the cigarettes.
The Tang lawsuit was one of several consolidated in a multidistrict litigation before John A. Woodcock, Jr., Chief District Judge for the U.S. District Court, District of Maine. On November 24, 2010, Judge Woodcock denied class certification to four test cases submitted in the multidistrict litigation, finding non-commonality. Defendants then sought to apply Judge Woodcock's ruling to dismiss complaints remaining in the multidistrict litigation, including the Tang lawsuit.
Parker Waichman LLP opposed the dismissal and moved to have the Tang lawsuit remanded back to the Eastern District of New York, asserting that Section 349 of New York State's General Business Law provides a common element of damages applicable to all New York class members.
In an order issued yesterday, Judge Woodcock refused to dismiss any of the remaining lawsuits. He also granted the Parker Waichman LLP’s Motion to Suggest Remand of the Tang lawsuit to the Eastern District of New York. The final decision on whether to remand the complaint will be made by the U.S. Judicial Panel on Multidistrict Litigation.