United States Eleventh Circuit
Brown v. R.J. Reynolds Tobacco Co., 08-16158
In an action seeking compensatory and punitive damages from cigarette manufacturers under theories of strict liability, breach of express warranty, breach of implied warranty, civil conspiracy to fraudulently conceal, fraudulent concealment, negligence, and loss of consortium, the district court's pretrial order giving preclusive effect to a prior state court decision is vacated where: 1) Rooker-Feldman did not apply because the federal plaintiff was not the "state-court loser" and was not seeking "review and rejection" of a state court judgment; and 2) it was for the district court to apply Florida law as the court of appeals outlined it and decide in the first instance precisely what facts are established when preclusive effect was given to the approved findings.
Appellate Information
- Decided 07/23/2010
- Published 07/23/2010
Judges
- Julie M. Carnes
Court
- United States Eleventh Circuit