Three years ago, U.S. District Judge Jack Weinstein's ruling established a nationwide class to seek punitive damages from the tobacco industry, based on claims that the industry concealed the health risks of tobacco use. But the U.S. Second Circuit Court of Appeals said last week that Weinstein's decision failed to properly estimate the size of the claim or ensure that any punitive damages would be reasonable and proportionate to the harm suffered by smokers.

Weinstein's class would have included any U.S. resident who had ever smoked and had been diagnosed with smoking-related diseases after April 9, 1993.

Industry analysts expressed hope that the ruling would influence the Florida Supreme Court as it decides whether to recertify another class-action case against the tobacco industry, filed in Florida.

In addition to the industry, some plaintiffs' lawyers also have opposed the class-action suits. "The problem from our point of view with the class certification is that it had the effect of stripping punitive damages out of every individual case and therefore making it more difficult and unlikely for plaintiff's lawyers to bring these cases," said Richard Daynard, a Northeastern University law professor.

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