Philip Morris USA, Inc. v. Scott

This application for a stay of judgment arose from an order by the Fourth Circuit Court of Appeal of Louisiana, in which the court held tobacco companies liable for defrauding a class of smokers by misleading them as to the addictive properties of nicotine and ordered the defendants to fund a 10-year, 241 million dollar smoking cessation program for the benefit of class members.  The U.S. Supreme Court granted a stay of judgment, finding that there was a reasonable probability that the Court would agree to hear the appeal, that there was a significant possibility that the Court would reverse the Fourth Circuit Court of Appeal of Louisiana's order on appeal, and that irreparable damage was likely to occur should the order be prosecuted pending appeal.  Specifically, the Court noted that the failure of the lower court to require each class member who would benefit from the smoking cessation program to prove reliance upon the tobacco companies' deception raised unique due process questions.


Philip Morris USA, Inc., et al. v. Scott, et al., 561 U.S. ____, 130 S. Ct. 3502, Supreme Court of the United States (2010).

  • United States
  • Sep 24, 2010
  • Supreme Court of the United States



  • Others
  • Philip Morris USA, Inc.


  • Gloria Scott
  • Others

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product