United States Ninth Circuit

In a product liability action against a tobacco company, the dismissal of the action on preemption grounds is reversed where the district court erroneously allowed defendants to achieve diversity jurisdiction by its incorrect finding that plaintiffs' state law claims were preempted and constituted fraudulent joinder.

Appellate Information

• Argued 08/04/2008
• Decided 09/28/2009
• Published 09/28/2009

Judges

• Before DOROTHY W. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Don C. Bauermeister, Burke & Bauermeister, PLLC, Anchorage, AK, for the plaintiff-appellant.


• For Appellees:
  
• John W. Phillips, Phillips Law Group, PLLC, Seattle, WA, for the defendants-appellees.