State v. Philip Morris USA, Inc.

How courts have described this case

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

• holding that, under the MSA, even if compelled to arbitrate, the State retains full enforcement power and sovereign immunity is not implicated
• rejecting state’s argument that auditor lacked authority to make determination of diligent enforcement when MSA § XI(a) requires auditor to determine amount PMs owe, including adjustments
• describing as “broad” arbitration clause that encompassed “any dispute, controversy, or claim arising out of or relating to” calculations performed or determinations made by an independent auditor
• arbitration clause includes “disputes over issues not actually determined, just as well as those over issues which are actually determined”
• “We concur with other appellate courts that have held that the Independent Auditor did, in fact, make a determination regarding diligent enforcement of Qualifying Statutes.”
• “We concur with other appellate courts that have held that the [auditor] did, in fact, make a determination regarding diligent enforcement of Qualifying Statutes.”

Source: CourtListener parenthetical corpus (CC0).