Legal Opinion

Gerald v. R.J. Reynolds Tobacco Co.

Superior Court of The Virgin Islands

Decided July 5, 2017No. Case Nos. ST-10-CV-631, ST-10-CV-692PublishedCited by 6 opinions

1Opinion of the CourtDunston, Judge

MEMORANDUM OPINION

(July 5, 2017)

Pending before the Court are Defendant’s June 3, 2016, Motions to Dismiss. Because the Amended Complaints fail to state claims for negligent performance of a voluntary undertaking, the Court will grant Defendant’s motions as to Count II of the Amended Complaints, but deny the motions as to the remaining claims.

RELEVANT PROCEDURAL AND FACTUAL HISTORY

This tobacco liability litigation arises from Complaints filed by Luden Evans England, Sr., and Patrice Hale Brown on November 10, 2010, and December 6, 2010, against Lorillard Tobacco Company, Lorillard, Inc. *449(collec…

2Cases cited68 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  3. Alston v. ParkerCourt of Appeals for the Third Circuit · 2004
  4. Sherry J. Oshiver v. Levin, Fishbein, Sedran & BermanCourt of Appeals for the Third Circuit · 1994
  5. Roger Turbe v. Government of the Virgin Islands, Virgin Islands Water and Power AuthorityCourt of Appeals for the Third Circuit · 1991

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3Cited by6 opinions

  1. Burt v. Lockheed Martin Corp.Supreme Court of The Virgin Islands · 2024
  2. Helman v. Marriott International, Inc.District Court, Virgin Islands · 2020
  3. Hess Oil Virgin Islands Corporation v. Fluor Daniel, Individually and as successor-in-interest to Fluor Engineers and Constructors, Inc.Superior Court of The Virgin Islands · 2020
  4. Isaac Bracy v. Pfizer IncCourt of Appeals for the Third Circuit · 2020
  5. Jacqueline Payne, Personal Rep.etal v. Taj Siwuta and 8GDA-1 Lytton's Fancy, LLCSuperior Court of The Virgin Islands · 2026

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