Legal Opinion

State Ex Rel. Stenehjem v. Philip Morris, Inc.

North Dakota Supreme Court

Decided June 7, 2007No. 20060207, 20060213PublishedCited by 15 opinions

1Opinion of the Court

SANDSTROM, Justice.

[¶ 1] Philip Morris, Inc., and several other tobacco manufacturers appealed from a district court order denying their motion to compel arbitration of a dispute with the State over the payment of tobacco settlement funds. We conclude the plain and unambiguous language of the parties’ settlement agreement requires arbitration of their dispute over application of the diligent enforcement exemption to the agreement’s non-participating manufacturer adjustment. We reverse and remand for entry of an order compelling arbitration.

I

[¶ 2] In the mid-1990s, North Dakota and numerous…

2Cases cited23 opinions

  1. In Re Forfeiture of $5,264Michigan Supreme Court · 1989
  2. Cooper Distributing Co., Inc., a New Jersey Corporation, in 94-5570 v. Amana Refrigeration, Inc., a Delaware CorporationCourt of Appeals for the Third Circuit · 1995
  3. Lire, Inc. v. Bob's Pizza Inn Restaurants, Inc.North Dakota Supreme Court · 1995
  4. Robertson v. Health Net of California, Inc.California Court of Appeal · 2005
  5. Aanenson v. BastienNorth Dakota Supreme Court · 1989

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

3Cited by15 opinions

  1. State Ex Rel. Riley v. Lorillard Tobacco Co.Supreme Court of Alabama · 2008
  2. McGraw v. American Tobacco Co.West Virginia Supreme Court · 2009
  3. Schwarz v. GierkeNorth Dakota Supreme Court · 2010
  4. State v. VetterNorth Dakota Supreme Court · 2013
  5. 26 Street Hospitality, LLP v. Real Builders, Inc.North Dakota Supreme Court · 2016

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

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