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RIVERA v. PHILIP MORRIS, INC.

No. 03-16100.

395 F.3d 1142 (2005)

Joe RIVERA, individually and as Guardian ad Litem for Joseph Rivera, V, and Jenica Rivera, minors, and Joe Rivera as Special Administrator to the Estate of Pamela Rivera, Plaintiff-Appellant, v. PHILIP MORRIS, INC., a Virginia corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2005.

Attorney(s) appearing for the Case

Mark Johnson, Esq. and Sims Weymuller, Esq., Johnson-Flora, PLLC, Seattle, WA, for the plaintiff-appellant.

John P. Desmond, Esq., Jones Vargas, Reno, NV, Daniel P. Collins, Esq., Munger Tolles & Olson, Los Angeles, CA, for the defendant-appellee.

Before: FARRIS, D.W. NELSON, and GOULD, Circuit Judges.

FARRIS, Senior Circuit Judge.

Joe Rivera brought a wrongful death action against Philip Morris Inc., a tobacco manufacturer, asserting state law claims for strict product liability, fraud, and conspiracy. Summary judgment in favor of Philip Morris was granted. We affirm in part and remand for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts

Joe Rivera initiated this action individually, as Guardian ad Litem for his children...

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