There are a number of tobacco lawsuits still pending in the courts, including some select cigarette class action lawsuits. A class action lawsuit is when a number of claimants come together and file a suit against a large corporation or organization together in the hopes that they will be able to get a better result and more attention. Essentially, there is a lead plaintiff and then every other claimant is included in the proceeding unless they choose to opt out. At the close of the case, the compensation is divided according to the wishes of the court and all claimants are barred from further litigation.
Generally, class action suits have not worked very well for tobacco lawsuit claims. This is because each claimant may have a different cigarette or tobacco related malady and class action distinctions are based on claimants having the same problem or injury from the same product. Essentially, the claimants who file tobacco company lawsuits are actually a “mass tort” which is multiple people who have a potential product liability claim and/or personal injury claim, but that does not necessarily make them a “class” according to the courts.
Additionally, filing a class action tobacco lawsuit may not be in the best interest of the plaintiffs. Each case may have individual merits which would get them a larger settlement as an individual than as a “class.” The current tobacco class action lawsuits that are working their way through the court system are primarily in relation to light cigarettes and secondary smoke exposure.
For example, there is a Canadian cigarette class action lawsuit relating to the marketing and manufacture of so-called “light cigarettes” or “low tar cigarettes.” Much like the more classic tobacco lawsuits, tobacco companies are being accused of inappropriately marketing light cigarettes as being healthier than normal cigarettes when, in fact, due to method of use by smokers, they are not.
Class action lawsuits in relation to secondary smoke exposure are typically actually against an employer or other company who has facilitated or forces secondary smoke exposure on a group or individual. In one case, thousands of flight attendants joined and won a class action lawsuit against Northwest Airlines because they had to endure long, smoky flights to Asia even though there was a smoking ban in effect on domestic flights. Rather than a product liability case, these flight attendants are suing their employer for forcing an unhealthy work environment on flight attendants.
As in all product liability or personal injury lawsuits, including tobacco lawsuits, you must contact a reputable tobacco litigation attorney to truly assess your case. If you have a class action tobacco lawsuit pending and you are considering staying involved or opting out, you need to speak with a qualified attorney who can properly advise on you what is in your best interest. If you have been injured by cigarettes or exposure to secondary smoke and you were not aware of the dangers of smoking because of devious practices by the tobacco industry, you should speak to an attorney as soon as possible.