District Court Takes ‘Fluid’ Approach on Damages in Tobacco Class Action

When New York federal Judge Jack B. Weinstein certified a nationwide class action in the “light” cigarette litigation, he proposed a “fluid recovery” of damages — whereby a jury would decide aggregate liability and aggregate compensation, and damages to individual plaintiffs would later be distributed through a simplified proof process. Bryan Cave’s Philip E. Karmel (pictured) and Peter R. Paden analyze the rationale behind Weinstein’s proposal and explain why defendants are arguing strenuously against it.

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