GOOD v. ALTRIA GROUP, INC.

No. 06-1965.

501 F.3d 29 (2007)

Stephanie GOOD, Lori A. Spellman and Allain L. Thibodeau, individually and on behalf of all others similarly situated, Plaintiffs, Appellants, v. ALTRIA GROUP, INC., and Philip Morris USA Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 31, 2007.


Attorney(s) appearing for the Case

Todd S. Heyman, with whom Thomas V. Urmy, Jr., Shapiro Haber & Urmy, LLP, Gerard V. Mantese, Mark C. Rossman, Mantese and Associates, P.C., Samuel W. Lanham and Cuddy & Lanham, were on brief, for appellants.

Kenneth J. Parsigian, with whom Goodwin Procter LLP, H. Peter Del Bianco, Jr., Lambert Coffin, Guy Miller Struve and Davis Polk & Wardwell, were on brief, for appellees.

Before HOWARD, Circuit Judge, SELYA, Senior Circuit Judge, and SHADUR, Senior District Judge.


HOWARD, Circuit Judge.

The plaintiffs appeal from the entry of summary judgment for the defendants, Philip Morris USA Inc. and its parent company (collectively, "Philip Morris"), on state-law claims based on the marketing of "Light" cigarettes.1 The district court ruled that these claims were preempted by the Federal Cigarette Labeling and Advertising Act (the "FCLAA"), which provides that "[n]o requirement or prohibition based on smoking...

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