Legal Opinion

Commonwealth Ex Rel. Kane v. Philip Morris, Inc.

Commonwealth Court of Pennsylvania

Decided November 18, 2015No. 2422 C.D. 2014PublishedCited by 10 opinions

1Opinion of the Court

OPINION BY

Judge ROBERT SIMPSON.

In this tobacco litigation appeal, the Commonwealth asks whether the Court of Common Pleas of Philadelphia County 1 (trial court) erred by denying its motion to compel single-state arbitration to determine whether it diligently enforced its qualifying statute in 2004 and by granting the motion to compel multistate arbitration filed by the participating tobacco manufacturers (PMs) 2 to the 1998 Master Settlement Agreement (MSA). The Commonwealth contends the MSA does not provide for multistate arbitration to decide its diligence because Pennsylvania is not on the…

2Cases cited29 opinions

  1. Stolt-Nielsen S. A. v. AnimalFeeds International Corp.Supreme Court of the United States · 2010
  2. Digital Equipment Corp. v. Desktop Direct, Inc.Supreme Court of the United States · 1994
  3. Oxford Health Plans LLC v. SutterSupreme Court of the United States · 2013
  4. In Re Ford Motor CompanyCourt of Appeals for the Third Circuit · 1997
  5. Commonwealth v. BarnettSupreme Court of Pennsylvania · 1901

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

3Cited by10 opinions

  1. State ex rel. Greitens v. American Tobacco Co.Supreme Court of Missouri · 2017
  2. City of Philadelphia v. B. Harvey and D. PenaCommonwealth Court of Pennsylvania · 2016
  3. Colonial School District v. Montgomery County Bd. of Assessment Appeals ~ Appeal of: Metroplex West Assoc., L.P.Commonwealth Court of Pennsylvania · 2020
  4. Kunz, E. v. Toll Brothers, Inc.Superior Court of Pennsylvania · 2018
  5. Lower Salford Twp. v. J.A. WrightCommonwealth Court of Pennsylvania · 2023

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API