Burleson v. Liggett Group, Inc.

MEMORANDUM OPINION

COBB, District Judge.

Certain Defendants’ Motion for Judgment on the Pleadings is now before this court. [Dkt. # 29] 1 Plaintiffs brought suit against various tobacco industry defendants for fraud and negligence in the manipulation of nicotine. Defendants moved for judgment on the pleadings arguing that plaintiffs’ claims are barred by TEX. CIV. PRAC. & REM. CODE § 82.004 (Vernon 1997). Recently, the United States Court of Appeals for the Fifth Circuit considered the effect of section 82.004 in a suit brought by an individual smoker in Sanchez v. Liggett & Myers, Inc., et…