R.J. Reynolds obtains dismissal of In re Tobacco II Cases class action in California
Client(s) R.J. Reynolds Tobacco Company
Jones Day represented R.J. Reynolds Tobacco Company in this multi-billion dollar, statewide smokers' class action against the major tobacco companies. Originally filed in 1997, in 2009, the case produced the oft cited California Supreme Court decision, In re Tobacco II Cases, 46 Cal. 4th 298 (Cal. 2009). This decision addressed the Prop 64 standing requirements under California's expansive Unfair Competition Law statute and has become the cornerstone for any discussion of a section 17200 class action in California. Upon its return to the trial court, the defendants diligently succeeded in eliminating all of the class claims except a claim of alleged fraud based on the sale and marketing of "Light" cigarettes. After further briefing and extensive expert discovery, Jones Day secured a dismissal with prejudice for R.J. Reynolds, thereby ending 15 years of litigation.
In re Tobacco II Cases: Brown, et al. v. The American Tobacco Co., et al., Case No. 711400 (Super. Ct. San Diego Cty., Cal.)