Lewis et al. v. Philip Morris USA
After seven days of trial, a jury in the Middle District of Tennessee took three hours to find Philip Morris USA not liable on charges that its merchandising and promotional programs violated the Robinson-Patman Act. Not only did the jury find Philip Morris USA not liable, it awarded Philip Morris USA over $100,000 in damages on fraud and negligent misrepresentation counterclaims. The trial plaintiffs were nine cigarette vending machine operators, who, along with over 200 other operators of cigarette vending machines, alleged that Philip Morris discriminated against vending machines in the way its merchandising and promotional programs for retail stores operated. Before trial, the plaintiffs sought over $100 million in damages as well as injunctive relief.