Lawrence v. Philip Morris USA, Inc.
164 N.H. 93
| N.H. | 2012Background
- Interlocutory appeal from a superior court order certifying a CPA class in New Hampshire.
- Plaintiff Karen L. Lawrence sought damages for alleged misrepresentations by Philip Morris USA, Inc. about Marlboro Lights being lower tar/nicotine.
- Plaintiff alleges Lights’ filters had ventilation holes that diluted tar/nicotine per machine tests yet delivered similar amounts to human smokers.
- Plaintiff’s CPA claim seeks actual and statutory damages based on reduced value, not personal injury.
- Superior Court certified a class of all NH purchasers of Lights from 1995 to trial; the case was docketed for review on the trial court’s class-certification decision.
- Court reverses the certification order and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether common issues predominate over individual issues | Lawrence argues common proof suffices to show deception. | Philip Morris asserts individualized injury proof defeats predominance. | Predominance fails; injury and exposure vary by individual evidence. |
| Whether information about compensation negates common causation | Common evidence shows deception harmed class members. | Many knew of compensation; individualized inquiries necessary. | Common evidence insufficient; individualized inquiries predominate. |
| Whether information availability from 1976–1995 defeats class commonality | Records show limited de minimis exposure. | Extensive information made non-de minimis exposure. | Class certification improper; errors in discretion found. |
Key Cases Cited
- Cantwell v. J & R Props. Unlimited, 155 N.H. 508 (N.H. 2007) (requires going beyond pleadings to assess certification)
- Auger v. Town of Strafford, 158 N.H. 609 (N.H. 2009) (remand not required when factual issues resolved as matter of law)
- Hillside Assocs. of Hollis v. Maine Bonding & Cas. Co., 135 N.H. 325 (N.H. 1992) (deference limits on discretionary certification")
- Petition of Bayview Crematory, 155 N.H. 781 (N.H. 2007) (standard for examining class-certification discretion)