Greene v. Brown & Williamson Tobacco Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

McCALLA, District Judge.

This case is before the Court on Defendants’ Motion To Dismiss for Failure to State a Claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. 1 Defendants assert four defects in Plaintiffs pleading: (1) that Plaintiffs claims are barred by Tennessee’s statute of repose; (2) that Plaintiffs failure to warn claims are preempted by federal law; (3) that Plaintiff fails to state a claim under the Tennessee product liability statute; and (4) that Plaintiff fails to state a claim for civil…