Legal Opinion

Betty D. Pennington v. Vistron Corporation, R.J. Reynolds Tobacco Co., Inc., and American Tobacco Company

Court of Appeals for the Fifth Circuit

Decided June 28, 1989No. 88-3442PublishedCited by 52 opinions

1Opinion of the Court

JERRE S. WILLIAMS, Circuit Judge:

Betty Pennington appeals a summary judgment in favor of the manufacturers of the cigarettes that her deceased husband had smoked for many years. In a products liability suit governed by Louisiana law, Mrs. Pennington contended that her husband contracted cancer of the esophagus as a result of his exposure to certain chemicals in the workplace, either alone or in conjunction with his consumption of alcohol and cigarettes.

We hold that the Federal Cigarette Labeling and Advertising Act preempts some, but not all, of Mrs. Pennington’s claims against the cigarette…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  5. Hines v. DavidowitzSupreme Court of the United States · 1941

30 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Eisenstadt v. Centel Corp.Court of Appeals for the Seventh Circuit · 1997
  3. Dewey v. R.J. Reynolds Tobacco Co.Supreme Court of New Jersey · 1990
  4. Hibernia National Bank v. John W. CarnerCourt of Appeals for the Fifth Circuit · 1993
  5. Carlisle v. Philip Morris, Inc.Court of Appeals of Texas · 1991

47 more not listed; retrieve them via the Exa API.

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