HUNTER v. PHILIP MORRIS USA

No. 07-35916.

582 F.3d 1039 (2009)

Dolores HUNTER; Estate of Benjamin G. Francis, Plaintiffs-Appellants, v. PHILIP MORRIS USA; Altria Group, Inc.; The Alaska Commercial Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated and Deferred October 29, 2008.

Resubmitted August 27, 2009.

Filed September 28, 2009.


Attorney(s) appearing for the Case

Don C. Bauermeister, Burke & Bauermeister, PLLC, Anchorage, AK, for the plaintiff-appellant.

John W. Phillips, Phillips Law Group, PLLC, Seattle, WA, for the defendants-appellees.

Before DOROTHY W. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.


TASHIMA, Circuit Judge:

The question of the preemption of state law by federal tobacco legislation has been addressed numerous times. Today, we address the preemption issue in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. We hold that the district court erroneously allowed the defendants-appellees to achieve diversity jurisdiction by its incorrect finding that the plaintiffs-appellants' state law claims were...

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