Legal Opinion
Kotler v. American Tobacco Co.
District Court, D. Massachusetts
Decided January 12, 1990No. Civ. A. 86-0810-SPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON THE MOTION OF DEFENDANT AMERICAN TOBACCO CO. FOR SUMMARY JUDGMENT
SKINNER, District Judge.
In this action the plaintiff seeks to recover damages for the death of her husband from lung cancer, allegedly caused by his smoking of cigarettes manufactured by the defendants. In prior proceedings I have disposed of a number of the claims asserted in the Amended Complaint. On May 25, 1988, I dismissed all claims for failure to warn of the risks of smoking cigarettes after January 1, 1966 as having been preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§…
2Cases cited26 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Barker v. Lull Engineering Co.California Supreme Court · 1978
- Back v. Wickes Corp.Massachusetts Supreme Judicial Court · 1978
- O'BRIEN v. Muskin Corp.Supreme Court of New Jersey · 1983
21 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Zimmerman v. KentMassachusetts Appeals Court · 1991
- Joanne Kotler, Individually and as Administratrix, Etc. v. The American Tobacco CompanyCourt of Appeals for the First Circuit · 1992
- Joanne Kotler, Individually and as Administratrix, Etc. v. The American Tobacco CompanyCourt of Appeals for the First Circuit · 1990
- Burton v. R.J. Reynolds Tobacco Co.District Court, D. Kansas · 1995
- Izzarelli v. R.J. Reynolds Tobacco Co.Supreme Court of Connecticut · 2016
1 more not listed; retrieve them via the Exa API.