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COM. EX REL. KANE v. PHILIP MORRIS, INC.

No. 2422 C.D. 2014

128 A.3d 334 (2015)

COMMONWEALTH of Pennsylvania by Kathleen G. KANE, Attorney General, Appellant, v. PHILIP MORRIS, INC.; RJ Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; B.A.T. Industries, PLC; the American Tobacco Company, Inc.; c/o Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company; Liggett Group, Inc.; United States Tobacco Company; the Tobacco Institute, Inc.; the Council for Tobacco Research U.S.A., Inc.; Smokeless Tobacco Council, Inc., and Hill & Knowlton, Inc.

Commonwealth Court of Pennsylvania.

Decided November 18, 2015.

Attorney(s) appearing for the Case

Robert M. Loeb and Alec E. Orenstein , Washington, D.C., for appellant.

Peter J. Biersteker , Washington, D.C., for appellees Brown & Williamson Tobacco Corporation and RJ Reynolds Tobacco Company.

J. Kurt Straub , Philadelphia, for appellee Liggett Group Inc.

BEFORE: DAN PELLEGRINI, President Judge, and ROBERT SIMPSON, Judge, and ROCHELLE S. FRIEDMAN, Senior Judge.

In this tobacco litigation appeal, the Commonwealth asks whether the Court of Common Pleas of Philadelphia County1 (trial court) erred by denying its motion to compel single-state arbitration to determine whether it diligently enforced its qualifying statute in 2004 and by granting the motion...

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