Tobacco Co. Wins Appeal In Deceptive Conduct Suit

Law360, New York (August 7, 2008, 12:00 AM EDT) -- In a victory for a U.S. tobacco company accused of muscling out rivals and inflating prices, a federal appeals court has ruled that a private plaintiff claiming deceptive conduct under Pennsylvania's consumer protection law must show a justifiable reliance on the alleged deception.

On Tuesday, the Third Circuit vacated a ruling by the U.S. District Court for the Eastern District of Pennsylvania that denied a motion by U.S. Smokeless Tobacco Co. to dismiss a consumer's putative class action alleging the company artificially bumped up the price...
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