Brenda D. Tillman v. R. J. Reynolds Tobacco

The key to the appeal in this tobae-co/cancer case challenging the diversity jurisdiction of the district court is whether the complaint states a cause of action under Alabama law against three resident retail distributors of cigarettes. The district court held it did not, dismissed the retailers as being fraudulently joined, and proceeded to summary judgment in favor of the defendant tobacco companies. Before considering the correctness of the decision against the tobacco companies, we must determine if the court had jurisdiction. The alleged cause of action against the retail establishments…