H.K. PORTER CO., INC. v. AMERICAN TOBACCO CO.

No. 97 CV 7658.

71 F.Supp.2d 73 (1999)

H.K. PORTER COMPANY, INC., Plaintiff, v. AMERICAN TOBACCO COMPANY, et al., Defendants.

United States District Court, E.D. New York.

September 7, 1999.


Attorney(s) appearing for the Case

James L. Stengel, Orrick, Herrington & Sutcliffe LLP, New York City, for H.K. Porter Co., Inc.

Joseph M. McLaughlin, Mark G. Cunha, Simpson, Thacher & Bartlett, New York City, for B.A.T. Industries, PLC.

Alan E. Kraus, Riker, Danzig, Scherer, Hyland, & Perretti, Morristown, NJ, Robert D. Burton, Thomas Schroeder, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, NC, Alan Mansfield, Greenberg Traurig, New York City, for R.J. Reynolds Tobacco Co.

Gary Long, Shook, Hardy & Bacon, L.L.P., Kansas City, MO, Alan Mansfield, Greenberg Traurig, New York City, Anthony L. Paccione, Winston & Strawn, New York City, for Philip Morris Inc.

Kenneth N. Bass, Kirkland & Ellis, Washington, DC, Marjorie Press Lindblom, Kirkland & Ellis, New York City, for American Tobacco Co., Brown & Williamson Tobacco Corp.

Aaron H. Marks, Kasowitz, Benson, Torres & Friedman, LLP, New York City, for Liggett Group, Inc.

Gary Long, Shook, Hardy & Bacon, L.L.P., Kansas City, MO, Alan Mansfield, Greenberg Traurig, New York City, for Lorillard Tobacco Co.

Alan Mansfield, Greenberg Traurig, New York City, for Tobacco Research Council-USA, Inc., Tobacco Institute, Inc.


MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

Plaintiff, an asbestos distributor, was sued in extensive litigations for injuries its product allegedly caused; it has paid substantial sums in settlements and after trials. It now claims that some or all of the damages it paid for in these lawsuits were caused by the defendant tobacco entities. It brings this suit on the theory, among others, that it would have impleaded the defendants in those...

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