INSOLIA V. PHILIP MORRIS, INC.
186 F.R.D. 547 (1999)
NATURE OF THE CASE: This was a civil action for money damages and a dispute over improper joinder under Rule 20. Philip Morris (D) moved to sever the lawsuits brought by Insolia (Ps), cigarette smokers and their spouses, into three separate lawsuits.
FACTS: Insonlia (P) and others filed claims against the cigarette industry (D) for an industry wide conspiracy to deceive consumers about the addictive characteristics of cigarette smoking. Ps alleged fraud and civil conspiracy to commit fraud. Ps moved for class action status but that was denied by the court; common questions did not predominate as required under Rule 23(b)(3). Then D moved under Rule 20 to sever the claims and make them three distinct lawsuits.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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