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Craft v. Phillip Morris Companies8/16/2005
mary concern underlying the requirement of a class capable of definition is that the proposed class not be amorphous, vague, or indeterminate." Tetracycline Cases , 107 F.R.D. at 728. A class is sufficiently definite if it is "administratively feasible to determine whether a given individual is a member of the class." Id. However, the class "need not be so ascertainable from the definition that every potential member can be identified at the commencement of the action." Id.
All Missouri residents who purchased Lights during the relevant time period but who do "not have a claim for personal injury related to smoking" is an ascertainable defined class. These are objective criteria that do not depend on the consumer's subjective state of mind or the merits of the case. See 5 M OORE ET AL. , supra, section 23.21 - . Specifically, whether an individual has a personal injury claim can be determined by the application of established legal principles to objective facts. The trial court did not abuse its discretion in so defining the class. Subpoint F is denied.
Conclusion
Those portions of the trial court's order drawing legal conclusions that go to the merits as identified in this opinion are stricken. As so modified, the judgment of the trial court certifying a class is affirmed.
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