Legal Opinion
Davis v. Fortune Brands, Inc.
New York Supreme Court
Decided September 27, 2000Published
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
How do we reconcile a Federally preempted cause of action for fraudulent concealment with a permitted cause of action for conspiracy to misrepresent or conceal material facts in a smoker’s personal injury action under New York law?
This is the second in a series of smoker suits in the Kings County Tobacco Litigation to be subjected to review upon motions for summary judgment.1 In Anderson, the first such suit, the defendants moved for summary judgment claiming, inter alia, that the cause of action for fraudulent concealment was preempted by the 1969…
2Cases cited7 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- In Re: Orthopedic Bone Screw Products Liability Litigation Legal Committee, at 98-1762 American Academy of Orthopaedic Surgeons, North American Spine Society, and Scoliosis Research Society (The Medical Associations), at 98-1829Court of Appeals for the Third Circuit · 1999
- Tompkins v. R.J. Reynolds Tobacco Co.District Court, N.D. New York · 2000
- Litras v. LitrasAppellate Division of the Supreme Court of the State of New York · 1998
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