RHE Lawyers and Siskinds LLP successful in establishing BC Court has jurisdiction against Big Tobacco Defendant in JUUL e-Cigarette Class Proceeding
Together with co-counsel at Siskinds LLP, RHE lawyers Tony Leoni and Jesse Kendall recently obtained a dismissal of the Defendant Altria’s application to dismiss the proceedings against it in the JUUL e-cigarette class action.
Altria, an American corporation, applied for an order dismissing the proceedings against it on the basis that BC courts do not have jurisdiction over it because there is “no real and substantial connection” between Altria and British Columbia. After consideration of the jurisdictional principles and analytical framework, Mr. Justice Giaschi of the BC Supreme Court dismissed Altria’s application.
The lawsuit alleges that defendants conspired together to addict a new generation to nicotine or, alternatively, conspired to maintain and expand the market for JUUL products using unlawful means knowing that addiction and other injuries were likely to result. The proposed Defendants are JUUL Labs, Inc., JUUL Labs Canada and Altria Group. Altria is the parent company of Marlboro and who acquired a 35% stake in Juul in 2018 for $12.8 billion. The next step in the proposed class action will be an application for certification.
The Reasons for Judgment can be found here.