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· 5/22/2001

Service Employees International Union Health & Welfare Fund v. Philip Morris Inc.

Citations

  • 249 F.3d 1068
  • 346 U.S. App. D.C. 74
  • 26 Employee Benefits Cas. (BNA) 1220
  • 2001 U.S. App. LEXIS 10487

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that \specific intent to harm the plaintiffs by shifting smoking-related health care costs to them is alone insufficient to overcome the bar on remote claims\
  • rejecting section 323 liability based on similar statements made by cigarette manufacturers to the general public, ruling such statements “must be made directly to the [smoker], not to the general public through advertisements”
  • acknowledging, in dictum, that “individual smokers” could “perhaps” bring civil RICO claims under § 1964(c) “to the extent they can prove a measure of damages distinct from personal injuries”
  • smokers had more direct claims and can be counted on to deter wrongdoing by asserting their theories of recover
  • plaintiffs’ alleged [fraud and RICO] injuries were too remote to be proximately caused by alleged conduct of tobacco companies
  • “[T]he doctrine of parens patriae is merely a species of prudential standing.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rogers, Sentelle, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.