The Associated Press reported Dec. 8 that the high court unanimously overturned a circuit court judge's dismissal of the trial plan. The case will now proceed in two phases: first, liability will be determined by a jury, then plaintiffs will take their case to court to seek possible damages based on the formula determined by the liability jurors.

Ohio County Circuit Judge Arthur M. Recht has ruled that the 2003 U.S. Supreme Court ruling in State Farm Mutual Auto Insurance Co. v. Campbell precluded plaintiffs from seeking damages en masse from tobacco companies. But the West Virginia Supreme Court disagreed, saying, "After carefully considering the parties' arguments and the Supreme Court's decision in Campbell, this Court finds that Campbell, which did not involve mass tort litigation, does not per se preclude the circuit court's original trial plan."

Recht said the case will proceed in January. "They gave me direction to do what I think is right," he said of the high court. "I now want to move this case so (phase one) is finished in 2006."

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