Jocelyn TOMPKIN, Administratrix with will annexed of the Estate of David Tompkin, deceased, Plaintiff-Appellant/Cross-Appellee,
v.
PHILIP MORRIS USA, INC., formerly known as Philip Morris, Inc.; Liggett Group, Inc.; Lorillard Tobacco Company; The American Tobacco Company, Defendants-Appellees/Cross-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued September 19, 2003.
Decided and Filed March 30, 2004.
Attorney(s) appearing for the Case
A. Russell Smith (argued and briefed), R. Bryan Nace (briefed), A. Russell Smith Law Offices, Akron, OH, for Plaintiff-Appellant Cross-Appellee in 02-3267, 02-3309.
Mary M. Bittence (briefed), Diane P. Chapman (briefed), Baker & Hostetler, Cleveland, OH, Walter L. Cofer (argued and briefed), Shook, Hardy & Bacon, Kansas City, MO, Kenneth J. Walsh (briefed), Tyler L. Mathews (briefed), McDonald Hopkins, Cleveland, OH, Patrick M. McLaughlin (briefed), Colin R. Jennings (briefed), McLaughlin & McCaffrey, Cleveland, OH, James E. Milliman (briefed), Benjamin S. Shively (briefed), Middleton & Reutlinger, Louisville, KY, Frank W. Woodside, III, Michael J. Suffern (briefed), Dinsmore & Shohl, Cincinnati, OH, for Defendants-Appellees/Cross-Appellants in 02-3267.
Mary M. Bittence (briefed), Diane P. Chapman (briefed), Baker & Hostetler, Cleveland, OH, Walter L. Cofer (argued and briefed), Shook, Hardy & Bacon, Kansas City, MO, Kenneth J. Walsh (briefed), Tyler L. Mathews (briefed), Eric E. Kinder, McDonald Hopkins, Cleveland, OH, Craig Proctor (briefed), Shook, Hardy & Bacon, Kansas City, MO, Patrick M. McLaughlin (briefed), Colin R. Jennings (briefed), McLaughlin & McCaffrey, Cleveland, OH, James E. Milliman (briefed), Benjamin S. Shively (briefed), Middleton & Reutlinger, Louisville, KY, Frank W. Woodside, III, Michael J. Suffern (briefed), Dinsmore & Shohl, Cincinnati, OH, for Defendants-Appellees/Cross-Appellants in 02-3309.
Before: SUHRHEINRICH, COLE, and ROGERS, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
ROGERS, Circuit Judge.
Plaintiff Jocelyn Tompkin sued the defendant tobacco companies, alleging that her husband, David Tompkin, died as a result of smoking cigarettes sold by the defendants.1 Tompkin asserted statutory and common law products liability claims. After this court reversed the district court's grant of summary judgment in favor of the defendants, the case proceeded...
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