R.J. Reynolds Tobacco Company v. Graham


Graham (U.S., filed October 19, 2017): Arguing that class action defendants have a due process right to a judicial determination of every element of a plaintiff’s claim.  The “actually decided” precondition to preclusion protects this right in the context of multiple adjudications.  Also arguing that the so-called “issue” classes coupled with novel applications of the preclusion doctrine can trample defendants’ due process rights.

Court denied cert

On January 8, 2018, the U.S. Supreme Court denied cert. 

Latest News

View all news

More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]