Curtis, et al. v Altria Group, Inc. and Philip Morris USA, Inc.
Class Action Notice for Minnesota Light Cigarette Litigation From Lommen, Abdo, Cole, King & Stageberg, P.A.
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 http://www.MinnesotaLightCigaretteLitigation.com.
Contact:
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
Sheller, P.C.
1528 Walnut Street
Philadelphia, PA 19102
Williams, Cuker & Berezofsky
210 Lake Drive East
Suite 101
Cherry Hill, NJ 08002;
Williams, Cuker & Berezofsky
1617 J.F.K. Boulevard
Suite 800
Philadelphia, PA 19103
