During a hearing on the case earlier this month, Judge Jack Weinstein expressed skepticism with parts of the plaintiff's case.

NPR: Judge OKs Class-Action Suit by 'Light' Smokers

Jack Weinstein, the federal judge in the Schwab case has proved more eager than most to allow class actions to proceed.

ECONOMIST: Lighting up a lawsuit

And last year U.S. District Judge Jack Weinstein in New York approved a racketeering class action on behalf of every consumer who bought "light" cigarettes from Philip Morris, R.

FORBES: Plaintiffs' Paradise