Tobacco Litigation: Statistics Permitted for Proof of Causation and Damages in Class Action

See In re Simon II Litigation, No. 00-CV-5332, 2002 U.S. Dist. LEXIS 19773 (E.D.N.Y. Oct. 15, 2002).

See, e.g., Curriden M. , “The Heat Is On: Facing High-Powered Plaintiff's Lawyers and Damaging Revelations, the Once Invincible Tobacco Industry May No Longer Be Able to Snuff Out Its Competition,” ABA Journal, 80 (1994): 58.

See generally Vargo J. Lee J. D. , Cipollone v. Liggett Group, Inc.: U.S. Supreme Court Opens the Door to Tobacco Lawsuits (New York: Matthew Bender, 1992): At 13–17.

See In re Simon II Litigation, 2002 U.S. Dist. LEXIS 19773, at *131–36.

See, e.g., Curriden , supra note 2.

See In re Simon II Litigation, 2002 U.S. Dist. LEXIS 19773, at *33–100. Specifically, there is evidence that the firms in the tobacco industry have colluded and conspired to limit competition and progress toward truly less harmful cigarettes, limited research into the links between smoking and disease, misrepresented and deceived the public regarding these links, and actively marketed and made public their belief that smoking was either harmless or not proven harmful despite their knowledge to the contrary. See id.; Curriden, supra note 2.

See In re Simon II Litigation, 2002 U.S. Dist. LEXIS 19773, at *5.

All persons residing in the United States, or who were residents of the United States at the time of their deaths, who smoke or smoked Defendants' cigarettes, and who have been diagnosed by a physician with one or more of the following diseases from April 9, 1993 through the date notice to the class is ordered disseminated: Lung cancer; laryngeal cancer; lip cancer; tongue cancer; mouth cancer; esophageal cancer; kidney cancer; pancreatic cancer; bladder cancer; ischemic heart disease; cerebrovascular heart disease; aortic aneurysm; peripheral vascular disease; emphysema; chronic bronchitis; or, chronic obstructive pulmonary disease (also called chronic air flow obstruction). Id. at *24–25.

See id. at *157–63.

See id. at *87–94, *145, *185–86.

See id. at *160, *162; Daubert v. Merrell Dow Pharm. , 509 U.S. 579 (1993).

Daubert, 509 U.S. at 597.

Id. at 589–90.

Id. at 589, 591–92.

In re Simon II Litigation, 2002 U.S. Dist. LEXIS 19773, at *188.

Id. at *168.

See id. at *168–80 (listing several cases employing the methods that were accepted under Daubert).

See id. at *180–88.

Daubert, 509 U.S. at 591–92.

See In re Simon II Litigation, 2002 U.S. Dist. LEXIS 19773, at *161–63, *172–73.

Id. at *200 (quoting Daubert, 509 U.S. at 595).

See id. at *180–88.

Id. at *188, *195–96.

See id. at *158–59.

Sebok A. , “The $28 Billion Verdict Against Philip Morris,” FindLaw, October 7, 2002, available at <http://writ.news.findlaw.com/sebok/20021007.html>.

See In re Simon II Litigation, 2002 U.S. Dist. LEXIS 19773, at *86–87.