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LJN's Product Liability Law & Strategy

October 2008

Predominance Requirement for Class Certification

By Martin Flumenbaum and Brad S. Karp

Recently, the U.S. Court of Appeals for the Second Circuit reversed the district court’s certification of a class action by smokers alleging they were deceived by the defendant tobacco companies’ marketing of so-called light cigarettes as a healthier alternative to regular, or "full-flavored," cigarettes.

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