Legal Opinion
Rivera v. Philip Morris, Inc.
Court of Appeals for the Ninth Circuit
Decided January 28, 2005No. 03-16100PublishedCited by 133 opinions
1Opinion of the Court
FARRIS, Senior Circuit Judge.
Joe Rivera brought a wrongful death action against Philip Morris Inc., a tobacco manufacturer, asserting state law claims for strict product liability, fraud, and conspiracy. Summary judgment in favor of Philip Morris was granted. We affirm in part and remand for further proceedings.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Facts
Joe Rivera initiated this action individually, as Guardian ad Litem for his children and as executor of his deceased wife’s estate. He filed suit in Nevada state court, alleging strict product liability based on theories of failure-to-warn…
2Cases cited38 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
33 more not listed; retrieve them via the Exa API.
3Cited by133 opinions
- Hunter v. Philip Morris USACourt of Appeals for the Ninth Circuit · 2009
- Galen v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2007
- Emerson v. Kansas City Southern Railway Co.Court of Appeals for the Tenth Circuit · 2007
- Lisa Stilwell v. Smith & Nephew, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 2007
- Brown & Brown of Texas, Inc. v. Omni Metals, Inc., Texas Court of Appeals, 1st District (Houston)2010
128 more not listed; retrieve them via the Exa API.