Class-Action Suits Clause Samples
Class-Action Suits. Overview. As of December 31, 2011, 13 class-action cases, exclusive of one antitrust class action, were pending in the United States against RJR Tobacco or its affiliates or indemnitees. In 1996, the Fifth Circuit Court of Appeals in ▇▇▇▇▇▇▇ v. American Tobacco Co. overturned the certification of a nation-wide class of persons whose claims related to alleged addiction to tobacco products. Since this ruling by the Fifth Circuit, most class-action suits have sought certification of state-wide, rather than nation-wide, classes. Class-action suits based on claims similar to those asserted in ▇▇▇▇▇▇▇ or claims that class members are at a greater risk of injury or injured by the use of tobacco or exposure to ETS are pending against RJR Tobacco and its affiliates and indemnitees in state or federal courts in California, Illinois, Louisiana, Minnesota, Missouri, West Virginia and Arizona. All pending class-action cases are discussed below. The pending class actions against RJR Tobacco or its affiliates or indemnitees include eight cases alleging that the use of the term “lights” constitutes unfair and deceptive trade practices under state law or violates the federal RICO statute. Such suits are pending in state or federal courts in Illinois, Minnesota, Missouri, California and Arizona and are discussed below under “— ‘Lights’ Cases.” Finally, certain third-party payers have filed health-care cost recovery actions in the form of class actions. These cases are discussed below under “— Health-Care Cost Recovery Cases.” Few smoker class-action complaints have been certified or, if certified, have survived on appeal. Eighteen federal courts, including two courts of appeals, and most state courts that have considered the issue have rejected class certification in such cases. Apart from the ▇▇▇▇▇▇▇ case discussed above, only two smoker class actions have been certified by a federal court — In re Simon (II) Litigation, and Schwab [▇▇▇▇▇▇▇▇▇▇] v. ▇▇▇▇▇▇ ▇▇▇▇▇▇ USA, Inc., discussed below under “— ‘Lights’ Cases,” both of which were filed in the U.S. District Court for the Eastern District of New York and ultimately decertified.
Class-Action Suits. These terms require the use of arbitration, on an individual basis, to resolve disputes, rather than jury trials or class actions. Accordingly, User expressly waives the right to proceed with any legal action, other than on an individual basis in an arbitration proceeding described herein. User specifically waives the right to proceed with arbitration in the nature of a class action or a class wide arbitration, and expressly waives the right to proceed in any court on a class basis or class action basis.