· 11/12/1998
William Barnes v. The American Tobacco Company
Citations
- 161 F.3d 127
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the requirement that each class member demonstrate the need for medical monitoring precludes certification” of a Pennsylvania state-law medical monitoring class
- recognizing that medical monitoring claims can be brought \at law or in equity depending on the type of relief sought\
- finding that defense of either contributory or comparative negligence would be available in a claim for medical monitoring under Pennsylvania law and raised individual questions that, along with others, made certification of class of tobacco-users improper
- finding that two individual inquiries for each class member precluded class certification
- finding that individualized issues of causation, addiction, the affirmative defenses of comparative and contributory negligence and the need for medical monitoring presented too many individual issues to permit class certification and medical monitoring relief
- finding that the case presented “too many individual issues to permit certification”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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