Class Actions -- 2019

R.J. Reynolds Tobacco Co. v. Searcy   (U.S. Supreme Court)

Due process limits on class actions

The NAM filed an amicus brief asking the U.S. Supreme Court to review cases on the constitutional due process limits on class-action litigation involving R.J. Reynolds and Philip Morris. The lower courts allowed a jury determination on general liability in one case to prevent a defense in another case as to whether each of a manufacturer’s products was defective. If allowed to stand, these decisions have the potential to improperly expose manufacturers to burdensome litigation without the proper opportunity to defend themselves. The NAM has previously filed amicus briefs in related cases, also arguing that class-action defendants have a due process right to a judicial determination of every element of a claim. The Supreme Court denied the petition for certiorari.

Related Documents:
NAM brief  (December 20, 2018)


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