Class Action Notice for Minnesota Light Cigarette Litigation From Lommen, Abdo, Cole, King & Stageberg, P.A.

By Prne, Gaea News Network
Monday, August 3, 2009

MINNEAPOLIS -

Court ordered Class Notice in Curtis, et al., v Altria Group, Inc. and Philip Morris USA, Inc., et al., court File No. 27-CV-01-18042 (action filed 11/28/01).

If you purchased Marlboro Lights cigarettes in Minnesota at any time before November 30, 2004, this class action notice may affect your rights.

A class action lawsuit involving the marketing, advertising and promotion of Marlboro Lights cigarettes is pending in Hennepin County, Minnesota, entitled Curtis, et al., v Altria Group, Inc. and Philip Morris USA, Inc., Court File No. 27-CV-01-18042. This notice is to inform you of the Court’s decision to certify a Plaintiff Class (the “Class”), the nature of Plaintiffs’ claims, and your right to participate in or exclude yourself from the class.

This notice tells you about the case, about your rights and responsibilities, and what to do if you decide to participate or not participate in this case.

ARE YOU AFFECTED BY THIS CASE?

The following are members of the Plaintiff Class: All persons who purchased Defendants’ Marlboro Lights cigarettes in Minnesota for personal consumption from the first date Defendants sold Marlboro Lights in Minnesota through the date of the certification of the Class. (November 29, 2004)

Therefore, regardless of where you live, you are a “Class Member” if you purchased Marlboro Lights in Minnesota for personal consumption at any time before November 30, 2004.

WHAT IS THIS CASE ABOUT?

Plaintiffs allege that the Defendants, by way of deceptive advertising, marketing and promotional activities in Minnesota during the Class period, misled the smoking public as to the delivery of tar and nicotine by Marlboro Lights cigarettes. The Plaintiffs seek to recover money from the Defendants’ sales of cigarettes during the Class period. This case does not involve claims for personal injuries or wrongful death. Defendants deny that they made any misrepresentations about Marlboro Lights and deny that a class action is proper.

Plaintiffs can either win or lose this case. The Court has not decided the merits of the Plaintiffs’ claims or Defendants’ defenses. Plaintiffs will be required to prove their claims at trial.

The following law firms represent Plaintiffs as Class Counsel: Pearson, Randall, Schumacher & LaBore, P.A., 100 South Fifth Street, Suite 1025, Fifth Street Towers, Minneapolis, MN 55402; Lommen, Abdo, Cole, King & Stageberg, P.A., Suite 2000, IDS Center, 80 South Eighth Street, Minneapolis, MN 55402; Martha K. Wivell, Esq., 219 River Street, Suite 105, P.O. Box 339, Cook, MN 55723; and of counsel: Sheller, P.C., 1528 Walnut Street, Philadelphia, PA 19102; Williams, Cuker & Berezofsky, 210 Lake Drive East, Suite 101, Cherry Hill, NJ 08002; and Williams, Cuker & Berezofsky, 1617 J.F.K. Boulevard, Suite 800, Philadelphia, PA 19103.

If Class Counsel obtains a judgment, they may apply to the Court for payment of their reasonable attorneys’ fees and costs. You do not need to hire your own attorney, but if you choose to do so, you will be responsible for paying that attorney’s fee. You may seek the Court’s permission to intervene or appear in the action as a named class co-representative.

YOU MAY EXCLUDE YOURSELF FROM THE CLASS.

You have a choice whether or not to remain a member of the class. To remain a member of the class, you need not do anything at this time. If you remain a class member, you will be bound by all Orders of the Court and you will be barred from bringing any future claims based on the allegations raised in this case.

If you do not wish to remain a member of the class, you must state that you wish to “opt-out” in writing to the address listed below postmarked by September 4, 2009. If you opt-out (exclude) yourself, you cannot receive any recovery obtained on behalf of the Class in the event that Plaintiffs prevail, and you will not be bound by any Court orders or judgments.

To exclude yourself, you must write to: Light Cigarette Litigation, Pearson, Randall, Schumacher & LaBore, P.A., 100 South Fifth Street, Suite 1025, Fifth Street Towers, Minneapolis, MN 55402. To get more information, visit the website at www.MinnesotaLightCigaretteLitigation.com. DO NOT CONTACT THE COURT.

Source: Lommen, Abdo, Cole, King & Stageberg, P.A.

Ehrich L. Koch of Lommen, Abdo, Cole, King & Stageberg, P.A., +1-612-336-9306, ehrich at lommen.com

Discussion
August 7, 2009: 6:23 pm

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