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According to the federal statute that dictates what is required for a lawsuit to qualify as a class action lawsuit, the predominance requirement is satisfied if the questions of law or fact common to class members predominate over any questions affecting only individual members.' The law allows for some variation among the individual members, but in the case of the Marlboro Lights class action lawsuit, the court concluded that common questions do not predominate over the individual inquiries into whether each class member was in fact injured by [Philip Morriss] alleged misrepresentations. The class action lawsuit was filed by plaintiffs Bryan Cabbat, Brett Naokoaokalani Brookshire Prejean and Alex Reinprecht, who alleged that Philip Morris had engaged in unfair and deceptive practices. They claimed in the Marlboro Lights class action lawsuit that this was done by induc[ing] cigarette smokers to continue smoking in spite of the growing public awareness of a connection between cigarette smoking and serious health problems including cancer
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