Floyd v. Brown & Williamson Tobacco Corp.

MEMORANDUM

DuBOIS, District Judge.

Presently before the Court are two motions to dismiss the Complaint — the Joint Motion of Defendants Philip Moms Incorporated (incorrectly named Philip Morris U.S.A.) (“Philip Morris”) and R.J. Reynolds Tobacco Company (“R.J.Reynolds”) (“Joint Motion”) (Document No. 3, filed June 16, 2000) and the Motion of Defendant Liggett Group Inc. (“Liggett”) (Document No. 4, filed June 23, 2000). For the reasons set forth below, the motions will be granted in part and denied in part as to all defendants.

I. PROCEDURAL HISTORY

On February 8, 2000, plaintiff Calvin Floyd…