Legal Opinion
Albertine Kirksey, of the Estate of Curtis Kirksey v. R.J. Reynolds Tobacco Company and Lorillard Tobacco Company, Inc.
Court of Appeals for the Seventh Circuit
Decided February 25, 1999No. 98-3008PublishedCited by 197 opinions
1Opinion of the Court
POSNER, Chief Judge.
The plaintiff appeals from the dismissal, on the defendants’ motion under Fed.R.Civ.P. 12(b)(6), of a personal-injury suit that she brought against two cigarette manufacturers as the executor of the estate of her husband, who, she alleges, smoked cigarettes manufactured by the defendants. The complaint, captioned “complaint for damages for wrongful death and emotional distress,” charges that the defendants accelerated Mr. Kirk-sey"s death from lung cancer by falsely advertising that their cigarettes were not addictive and by adding addicting agents to their cigarettes…
2Cases cited18 opinions
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Valerie Bennett v. Marie SchmidtCourt of Appeals for the Seventh Circuit · 1998
- Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
13 more not listed; retrieve them via the Exa API.
3Cited by197 opinions
- Samvel Topchian v. JPMorgan Chase Bank, N.A.Court of Appeals for the Eighth Circuit · 2014
- Bonte v. U.S. Bank, N.A.Court of Appeals for the Seventh Circuit · 2010
- Alioto v. Town of LisbonCourt of Appeals for the Seventh Circuit · 2011
- Christopher Lekas v. Kenneth BrileyCourt of Appeals for the Seventh Circuit · 2005
- Kenneth A. Marshall v. Stanley KnightCourt of Appeals for the Seventh Circuit · 2006
192 more not listed; retrieve them via the Exa API.