A federal appeals court has rejected an attempt to establish a nationwide class solely for the purpose of establishing an industry fund to pay punitive damages for yet-to-be filed claims from smokers across the country.

The ruling came in a long-running case called Simon filed in Brooklyn, NY and assigned to US District Judge Jack Weinstein. On 19 September 2002, Judge Weinstein certified the extraordinary class of nationwide smokers and their representatives for punitive damages only. (ci)