Pearson v. Philip Morris, Inc.

The plaintiffs sought interlocutory review of the trial court's order denying their motion for class certification in the case brought against the defendants under the Unlawful Trade Practices Act (UTPA) for making false representations by using the term “lights” in their “Marlboro Lights” cigarettes and the statement “lowered tar and nicotine” on the package.  The Court established that, in Oregon, interlocutory appeal is not appropriate where plaintiffs seek class certification in a case brought under the UTPA because the case would not be materially advanced toward the ultimate termination of the litigation.

Pearson v. Philip Morris, Inc., 45 P.3d 298, Oregon Court of Appeals (2006).

  • United States
  • Oct 11, 2006
  • Oregon Court of Appeals
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Parties

Plaintiff

  • All Similarly-Situated Individuals
  • Laura Grandin
  • Marilyn C. Pearson

Defendant Philip Morris, Inc.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"Here, we conclude that an immediate appeal is unlikely to materially advance the ultimate termination of the litigation. As defendants assert, the issues regarding interpretation of the UTPA and class certification—although important—will be before this court on appeal from a final judgment. And, because those issues primarily involve legal, not factual, questions, such a judgment may be forthcoming in the form of summary judgment or some other pretrial disposition."