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Hunter v. Philip Morris USA, No. 07-35916

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.

Read Hunter v. Philip Morris USA, No. 07-35916

Appellate Information

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


For Appellants:

Don C. Bauermeister, Burke & Bauermeister, PLLC, Anchorage, AK

For Appellees:

John W. Phillips, Phillips Law Group, PLLC, Seattle, WA