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What Does “Objective” Class Membership Mean? – Xavier v. Philip Morris USA

By The Editors on September 27, 2011
Posted in Certification

I’ve written before about the inventiveness of plaintiffs counsel when it comes to tobacco and class actions. And Xavier v. Philip Morris USA, 2011 U.S. Dist. LEXIS 42335 (N.D. Cal. Apr. 18, 2011), represents a new chapter in the ongoing tobacco wars.

Xavier was a class acton brought by smokers who were not suffering…

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