New Jersey State Superior Court Denies Class Action Case Against Tobacco
LOUISVILLE, Ky., Dec. 7 /PRNewswire/ -- A state superior court in New Jersey has denied class certification to a group composed of casino workers seeking medical monitoring relief from the tobacco industry for all non- smoking employees who claimed they w
The case has been referred to as the Avallone case, after plaintiffs Joseph Avallone, Robin Taylor, and Joseph Yaniak who sought class action certification for a lawsuit against the tobacco industry on behalf of themselves and ``all others similarly situated.''
In denying class action, Judge Marina Corodemus cited numerous previous rulings. The Judge concluded: ``Because differences of exposure, and the nexus between exposure and injury lead to disparate applications of legal rules, including matters of causation, comparative fault, and the types of damages available to each Plaintiff, this Court finds that the present class is not cohesive. Therefore, this Court holds Plaintiff's Motion for Class Certification ... is denied.''
``This decision is yet another affirmation that smoking and health lawsuits should not be treated as class actions,'' said Brown & Williamson Tobacco Corporation.
Brown & Williamson Tobacco Corporation is headquartered in Louisville, Ky. The company's major brands include KOOL, LUCKY STRIKE, CARLTON, CAPRI, GPC, MISTY, and VICEROY. For more information visit www.brownandwilliamson.com .