Scott, et al., v. The American Tobacco Company, et al.

Case Updates

The Louisiana Supreme Court declines to review class action and proof of individualized reliance case.

NCLC urged the Louisiana Supreme Court to grant review of the intermediate appellate court’s erroneous decision to permit certification of a class even though plaintiffs had significant individualized issues regarding reliance on the defendants’ alleged fraud. The intermediate appellate court dispensed with the commonality requirement of showing reliance by finding that the remedy sought was for a common fund. In itsbrief, NCLC made clear that a common fund remedy does not abrogate the commonality requirement in federal or Louisiana courts. In addition, NCLC explained that loosening class certification rules in Louisiana would entice the plaintiffs’ bar to overburden Louisiana courts with abusive class.