Petitioners seek to prevent a wholesale denial of due process to any and all who might bring public interest litigation against the tobacco companies in the future, whose efforts will be thwarted by the Master Settlement Agreement's attempt to stifle all such litigation. Petitioners do not seek to block the proposed settlement in this petition. They seek simply to be removed from its effects so that they are free to continue their work in pursuit of tobacco control. Petitioner SmokeFree Pennsylvania is a non-profit health research, education and action organization dedicated to protecting people from toxic tobacco smoke pollution, reducing illegal tobacco sales to minors, and creating policy incentives for nicotine addiction recovery. The petitioners have in the past taken actions or assisted others in taking actions against tobacco companies for acts, omissions, or other conduct, including actions to compensate the public at large for harms caused by the use of or exposure to tobacco, such as claims for reimbursement of health care and addiction recovery costs borne by the citizenry or absorbed by medical providers for treatment of tobacco-related medical ailments.
Petitioners are likely in the near future to take similar actions or to assist others in doing so.
The class is so numerous that joinder is impracticable. The claims and defenses of the representative petitioners are typical of the claims and defenses of the class, in that the class is defined by their common interest in challenging the Attorney General's capacity to release and bar their claims. A class action provides a fair and efficient method for adjudication of the controversy. Why Petitioners Should Be Permitted To Intervene 11. Petitioners and the class they represent will receive no benefit from the settlement whatsoever.