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Philip Morris Inc. v. Angeletti5/16/2000
Bell, C.J., Rodowsky and Cathell, JJ., dissent
Petitioners, a host of tobacco manufacturers and related entities, have filed a petition with this Court for a writ of mandamus or prohibition, asking that we direct the Circuit Court for Baltimore City to vacate its certification of two classes of Maryland residents who, as current or former users of tobacco products, have filed a suit against Petitioners claiming to have been injured by tobacco use or addicted to nicotine. We shall grant the extraordinary relief of mandamus and order the Circuit Court to decertify the classes.
I. The Case
On May 24, 1996, Respondents filed a complaint in the Circuit Court for Baltimore City against all manufacturers of tobacco and their Maryland distributors, as well as two industry trade groups and a marketing and public relations firm, the majority of whom have jointly filed the petition now before this Court. Seeking both compensatory and punitive damages as well as injunctive relief, Respondents assert claims on behalf of themselves and all similarly situated Maryland residents (a) who have suffered or continue to suffer from physical injuries or disease caused by smoking cigarettes or using smokeless tobacco products, and/or (b) who are nicotine dependent and plead addiction as an injury . Respondents' Fourth Amended Complaint alleges ten counts, eight of which embody traditional causes of action sounding in tort and contract: fraud and deceit, negligent misrepresentation, intentional infliction of emotional distress, negligence, breach of express and implied warranties, strict product liability, and conspiracy. In addition, the complaint avers that Petitioners have violated several provisions of the Maryland Consumer Protection Act, codified at Maryland Code (1975, 2000 Repl. Vol.) ยงยง 13- 101 to 13-501 of the Commercial Law Article. Lastly, Respondents plead a cause of action heretofore unrecognized in Maryland, requesting equitable/injunctive relief in the form of court-supervised, defendant- funded "medical monitoring" of the classes, to detect, prevent and treat future disease, and to treat addiction.
Respondents filed a Motion for Class Certification on September 5, 1997. Following oral argument on the motion, the Circuit Court issued an Order and Memorandum Opinion on January 28, 1998, granting the Motion for Class Certification. More specifically, the court approved for class action treatment, under Maryland Rule 2-231(b)(3), Respondents' eight traditional tort and contract causes of action and single consumer protection claim. In addition, the trial judge found Respondents' claim for medical monitoring appropriate for prosecution as a class action, under Rule 2-231(b)(2).
Thereafter, on February 19, 1998, the Circuit Court issued the following order certifying two classes:
Case No. 96145050/CE212596, styled Mildred C. Richardson, et al., Plaintiffs v. Philip Morris Inc., et al., Defendants shall be maintained as a class action on behalf of the following classes of plaintiffs:
a) Serious Injury and Death Claims:
All Maryland residents as of the date of class notice who have suffered, presently suffer, or who have died of diseases, medical conditions, and injury (while a resident of Maryland) caused by smoking cigarettes or using smokeless tobacco products that contain nicotine, and
1) The estates, representatives, and administrators of these persons; and
2) The spouses, children, relatives and significant others of these persons as their heirs or survivors; and
b) Nicotine Dependence Claims:
All nicotine dependent persons in Maryland who have purchased and
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