Legal Opinion
State of Rio De Janeiro of the Federated Republic of Brazil v. Philip Morris Inc.
Court of Appeals for the Fifth Circuit
Decided January 22, 2001No. 99-41117PublishedCited by 45 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM,
Circuit Judge:
To create jurisdiction, this appeal of a remand order has been dressed as a challenge to the remanding court’s denial of a motion to stay proceedings pending MDL transfer. We DISMISS the appeal for lack of jurisdiction under 28 U.S.C. § 1448(d).
I
Rio de Janeiro sued Philip Morris and other tobacco companies to recoup money spent treating smoking-related illnesses, one of at least eight such cases filed by foreign governments. The MDL panel designated the United States District Court for the District of Columbia as the transferee forum for foreign…
2Cases cited6 opinions
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
- Waco v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- Brannon v. Babcock & Wilcox Co.Court of Appeals for the Third Circuit · 1991
- Tramonte v. Chrysler CorporationCourt of Appeals for the Fifth Circuit · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Arnold v. Garlock, Inc.Court of Appeals for the Fifth Circuit · 2001
- Republic of Venezuela v. Philip Morris IncorporatedCourt of Appeals for the D.C. Circuit · 2002
- Certain Underwriters at Lloyd's v. Warrantech Corp.Court of Appeals for the Fifth Circuit · 2006
- Victor v. Grand Casino-CoushattaCourt of Appeals for the Fifth Circuit · 2004
- St. Joe Co. v. Transocean Offshore Deepwater Drilling Inc.District Court, D. Delaware · 2011
40 more not listed; retrieve them via the Exa API.