In a product liability action against a tobacco company, the dismissal of the action on preemption grounds is reversed where the district court erroneously allowed defendants to achieve diversity jurisdiction by its incorrect finding that plaintiffs' state law claims were preempted and constituted fraudulent joinder.
Argued and Submitted August 4, 2008
Submission Vacated and Deferred October 29, 2008
Resubmitted August 27, 2009
Filed September 28, 2009
Opinion by Judge Tashima
John W. Phillips, Phillips Law Group, PLLC, Seattle, WA