Weil, Gotshal & Manges LLP, represented Lorillard Tobacco Co. (“Lorillard”) in the Eleventh Circuit Court’s decision on September 22, 2003, affirming a July 2002 summary judgment decision in favor of all defendants, including Lorillard, in a price-fixing action brought on behalf of major wholesalers.
In affirming summary judgment the Hon. Stanley Marcus, writing for a unanimous three-judge panel, rejected claims that, dating back to 1993, Lorillard and three of the country’s other major tobacco manufacturers conspired to fix wholesale cigarette prices.
The class-action lawsuit, Holiday Wholesale Grocery Co. et al. vs. Philip Morris, Inc., et al., was
filed on behalf of some 1,500 direct purchasers, primarily wholesalers. Plaintiffs sought over $12 billion in alleged overcharges over an 11- year period. The September 22, 2003 opinion affirms the dismissal of the entire set of consolidated cases against all defendants.