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Tobacco industry wins major court ruling.

A federal appeals court has thrown out a huge class-action lawsuit against cigarette makers, saying that the class was not properly certified.

A 2004 lawsuit was brought on behalf of tens of millions of smokers, accusing the tobacco companies of duping them into believing that cigarettes sold as "light" were less harmful than other cigarettes. A judge in the Federal District Court in Brooklyn certified the class of smokers in 2006.

Plaintiff lawyers have been seeking $280 billion in damages, which, if racketeering claims are granted, could be tripled to $800 billion.

But a three-judge panel of the United States Court of Appeals for the Second Circuit reversed the class certification, saying that plaintiffs must bring lawsuits individually.

"Because individual issues outweigh issues susceptible to common proof, the class is not maintainable" under federal rules, the judges ruled.

"We are certainly pleased with the court's ruling and agree with its reasoning," said Martin Holton III, general counsel for R. J. Reynolds Tobacco. "Numerous courts across the country have held that claims such as these simply cannot be tried as class actions."


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