Legal Opinion

Nwanze v. Philip Morris Inc.

District Court, S.D. New York

Decided June 7, 2000No. 97 CIV. 7344(LBS)PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SAND, District Judge.

This case is brought by 435 non-smoking inmates who claim that they have been unlawfully exposed to excessive quantities of environmental tobacco smoke (“ETS”), also known as second-hand smoke. The Defendants are tobacco manufacturers and their trade associations (“private party defendants”), as well as Kathleen Hawk, the Director of the Federal Bureau of Prisons (“BOP”). Presently before the Court are the Defendants’ motions to dismiss the Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), on the ground that it fails to state a claim…

2Cases cited41 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Haines v. KernerSupreme Court of the United States · 1972
  4. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  5. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970

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3Cited by10 opinions

  1. Moore v. United StatesDistrict Court, District of Columbia · 2015
  2. Sarro v. Cornell Corrections, Inc.District Court, D. Rhode Island · 2003
  3. Kato v. IshiharaDistrict Court, S.D. New York · 2002
  4. Campbell v. City of YonkersDistrict Court, S.D. New York · 2020
  5. Daniels v. TownsleyDistrict Court, D. Connecticut · 2001

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