Gregory P. Stone

Last year, Stone prevailed on behalf of his client, Philip Morris USA, in a closely watched class action alleging unfair competition in connection with its Marlboro Lights cigarettes.

Plaintiffs sought up to $1 billion in restitution, in addition to injunctive relief. In Re Tobacco Cases II, JCCP4042 (San Diego Super. Ct., filed June 10, 1997).

The litigation has been raging since 1997, and Stone has been along for the whole ride.

"It's always difficult to try a case when the events in question occurred decades earlier," he said. "The witnesses are no longer available, and you are limited to the extent that you can present a full story."

Stone also had to grapple with another challenge.

"How do you present what the class really believed or expected from a product?" he said.

In this case, Stone added, "We were able to take the depositions of 156 members of the class chosen at random. This allowed us to present to the court a very full picture of what the class felt about products they purchased and what they expected from the cigarettes. They were very satisfied."

In September 2013, San Diego Superior Court Judge Ronald S. Prager ruled in favor of Philip Morris, finding that the plaintiffs failed to establish that they were entitled to either restitution or injunctive relief.

Armed with masters and bachelors degrees from the California Institute of Technology, Stone said that he especially relishes the scientific elements of cases, and the subject of light cigarettes delved into that space to some degree.

"I try to find science issues in almost every case," Stone said. "At the same time, I try to find the common sense issues in every case."

The matter is on appeal.

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