EDWARD LAZARUS Are Courts the Right Place to Address Large-Scale Corporate Wrongdoing? The "Light" Cigarette Case as an Example of the Limits of Law FindLaw columnist, attorney, and author Edward Lazarus discusses the recent decision by the U.S. Court of Appeals for the Second Circuit to shut down class-action litigation regarding alleged fraud in the promotion of "light" cigarettes. Lazarus contends that the decision is a striking example of the limits of the law's ability to remedy mass torts. Providing a historical perspective, Lazarus covers both the power and limits of the class-action vehicle to address corporate misconduct -- citing evidence that there are serious risks in both under- and over-regulating business practices.

ANTHONY J. SEBOK The U.S. Court of Appeals for the Second Circuit Deals a Severe Blow to the Plaintiffs in a Class Action Involving Allegations of Fraud Relating to "Lights" Cigarettes FindLaw columnist and Cardozo law professor Anthony Sebok explains why, last week, the U.S. Court of Appeals for the Second Circuit ruled against the plaintiffs in a class action alleging that consumers were defrauded by advertising that falsely claimed that "lights" cigarettes were safer than regular cigarettes. As Sebok notes, the sticking point for the Second Circuit panel was the issue of various class members' potentially individualized reliance on the allegedly fraudulent statements. Moreover, Sebok contends that an argumentative gambit by the plaintiffs' attorney may well have backfired with the court.
Tuesday, Apr. 08, 2008