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07C0834 Richardson v. R.J. Reynolds Tobacco Co.  

Strict liability claims against tobacco companies under Wisconsin law are not preempted by federal law.

"Claims such as plaintiff's do not interfere with the regulation of advertising and promotion of tobacco. Further, it is highly unlikely that such claims will lead to the destruction of the tobacco industry. Allowing common law claims does no more than place manufacturers of tobacco products in the same position as manufacturers of other legal products with known inherent risks.

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• NATHANIEL RICHARDSON, Plaintiff, v. R.J. REYNOLDS TOBACCO CO., Defendant. ($$) 

In Cipollone, the Supreme Court addressed the FCLAA's preemptive effect, finding no cause to extend its analysis beyond the scope of the express preemption provision and therefore holding that "matters beyond that reach are not pre-empted." . . .

Thus, for the foregoing reasons, I conclude that federal law does not impliedly preempt plaintiff's claim. Defendant's arguments are insufficient to overcome the presumption against preemption and the principle that courts should read a federal statute as preempting state law only if Congress clearly indicates an intention to do so. Although plaintiff will likely have difficulty establishing his claim, see Insolia, 216 F.3d at 600-603, his complaint survives defendant's Rule 12(b)(6) motion.

THEREFORE, IT IS ORDERED that defendant's motion to dismiss for failure to state a claim is DENIED.

IT IS FURTHER ORDERED that defendant's motion to dismiss for failure to prosecute is DENIED.

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CIVIL DOCKET FOR CASE #: 2:07-cv-00834-LA / Richardson v. R.J. Reynolds Tobacco Co ($$) 

09/26/2008 16 ORDER signed by Judge Lynn Adelman on 9/26/08 denying 4 Motion to Dismiss; denying 10 Motion to Dismiss. (cc: all counsel) (Wesolek, Marie)

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Richardson v. R.J. Reynolds Tobacco Co - 2:2007cv00834  

Plaintiff: Nathaniel Richardson

Defendant: R.J. Reynolds Tobacco Co

Case Number: 2:2007cv00834

Filed: September 17, 2007

Court: Wisconsin Eastern District Court . . .

Presiding Judge: Judge Lynn Adelman

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• Reynolds Tobacco Applauds Maryland Class-action Ruling 

In today's ruling, the Maryland Court of Appeals denied class certification, noting `` ... individual issues predominate over common issues'' and `` ... [the trial plan] renders the presently proposed class litigation unmanageable in much the same way as other courts have concluded.''

In reversing the class certification, the Court of Appeals also found that the trial court erred in formulating a trial plan which would have allowed a jury to consider punitive damages before a determination that class members are entitled to compensatory damages.

``The Maryland Court of Appeals found the Richardson class certification, including the trial plan, to be so fundamentally flawed that it used extraordinary measures to remedy the circuit court's decision,'' said Daniel W. Donahue, senior vice president and deputy general counsel.

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