Legal Opinion

Carlisle v. Philip Morris, Inc.

Court of Appeals of Texas

Decided April 3, 1991No. 3-89-175-CVPublishedCited by 110 opinions

1Opinion of the Court

JONES, Justice.

This appeal presents the question of whether the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331-1341 (1982 & Supp.1990) (“Labeling Act”), preempts state common-law tort claims for injuries or death allegedly suffered as a result of smoking cigarettes. Plaintiffs below were two individuals alleging injuries and two widows alleging wrongful death. 1 Defendants below were various cigarette manufacturers, wholesalers, and related entities. 2 In four separate suits, plaintiffs alleged five causes of action: (1) failure to warn; (2) design defects; (3)…

2Cases cited84 opinions

  1. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  2. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  3. Hines v. DavidowitzSupreme Court of the United States · 1941
  4. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  5. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963

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

3Cited by110 opinions

  1. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  2. State Farm Fire & Casualty Co. v. S.S.Texas Supreme Court · 1993
  3. Stiles v. Resolution Trust Corp.Texas Supreme Court · 1993
  4. Dyson Descendant Corp. v. Sonat Exploration Co., Texas Court of Appeals, 1st District (Houston)1993
  5. Benavides v. Moore, Texas Court of Appeals, 13th District1993

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

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