Class Certification Order
Class
Certification Order
This matter came for hearing on Petitioners Motion for Class Certification.
After considering the pleadings, the argument of Counsel, the memoranda and the law:
IT IS ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of plaintiffs, against the defendants, The American Tobacco Company, Inc., American Brands, Inc., R. J. Reynolds Tobacco Company, RJR Nabisco, Inc., Brown & Williamson Tobacco Corporation, Batus, Inc., Batus Holdings, Inc., Philip Morris, Inc., Philip Morris Companies, Inc., Lorillard Tobacco Company, Inc., Lorillard, Inc., Lowes Corporation, United States Tobacco Company, UST, Inc., and The Tobacco Institute, Inc., granting the Motion for Class Certification pursuant to article 593.1 of the Code of Civil Procedure, and therefore;
IT IS HEREBY ORDERED that a class be certified herein defined as all Louisiana residents who are or who were smokers on or before May 24, 1996, of cigarettes manufactured by the defendants, who desire to participate in a program designed to assist them in the cessation of smoking and/or to monitor the medical condition of class member to ascertain whether they may be suffering from diseases caused by, contributed to, or exacerbated by the habit of cigarette smoking, provided the class member alleges that he or she commenced smoking before September 1, 1988 or that one or more of the defendants actively and intentionally engaged in a course of conduct designed to undermine or eliminate compliance with or attention to warnings on cigarette packaging.
IT IS FURTHER ORDERED that plaintiffs, Gloria Scott and Deania M. Jackson, be and they are hereby named as representatives of the class certified herein. The Court finds that their claims and the claims of the class have a common character, and that the claims of plaintiffs are typical of the members of the class, C.C.P. arts. 591, 592. The Court hereby reserves unto plaintiffs and members of this defined class the right to assert and claims for damages they may have sustained as a result of smoking cigarettes.
IT IS FURTHER ORDERED that an Interim Plaintiffs' Committee comprised of Wendell H. Gauthier, Russ M. Herman, John S. Keller, Stephen B. Murray, Walter J. Leger, Jr., Robert L. Redfern and Michael X. St. Martin be appointed as Class Counsel. The Court finds that the PLC has the expertise and the resources to assure adequate representation for the class.
IT IS FURTHER ORDERED that the plaintiffs be authorized to notify the putative members of the class of the pendency of this action and of their rights as class members to participate in the cessation and/or medical monitoring programs by means of some form of informational notice. The Form of Class Action Notice shall be submitted to the Court for review and approval. All communications with putative class members must receive prior court approval.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of defendants, Quaglino Tobacco and Candy Company, Inc., Imperial Trading Company, Inc., George W. Groetsch, Inc., and J & R Vending Services, Inc., and against plaintiffs, granting the exceptions of defendants, Quaglino Tobacco and Candy Company, Inc., Imperial Trading Company, Inc., George W. Groetsch, Inc., and J & R Vending Services, Inc., denying class certification as to those defendants, and dismissing these proceedings as to those defendants.
JUDGMENT READ, RENDERED AND SIGNED this 16th day of
April, 1997 at New Orleans, Louisiana.
JUDGE Richard J. Ganucheau
MainCourt Ordered Notice