Cleary v. Philip Morris USA

A class of Illinois residents sued several tobacco companies for unjust enrichment.  Following the dismissal of claims brought by an original named plaintiff, the plaintiffs filed a fourth amended complaint naming a new representative plaintiff and reinstating allegations that the defendants engaged in a decade-long conspiracy to suppress information about the addictive nature of nicotine and knowingly and falsely marketed Marlboro Lights as being less harmful than other cigarettes.  The Court granted the defendants' motion to dismiss the fourth amended complaint, finding that the plaintiffs had failed to assert any personal detriment suffered or any legal right invaded as a result of defendants' alleged actions.


Cleary, et al. v. Philip Morris USA, Inc., et al., Case No. 09 C 1596 (N.D. Ill. June 22, 2010).

  • United States
  • Jun 22, 2010
  • U.S. District Court for the Northern District of Illinois, Eastern Division



  • Brian Cleary
  • Ines Taylor
  • Others similarly situated


  • Others
  • Philip Morris USA, Inc.

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product