Cole v. The Tobacco Institute

Plaintiffs brought action against several tobacco manufacturers for diseases allegedly caused by smoking.  British American Tobacco moved to dismiss the action based on lack of personal jurisdiction because the company was based in Great Britain.  Plaintiffs argued, however, that the defendant had sufficient connection with the State of Texas and that the Court's exercise of jurisdiction over the defendant would not offend "traditional notions of fair play and substantial justice".  The Court found controlling ADR (stock sale) programs along with activities seeking to attract U.S. investors constituted continuous and systematic activity in the United States and was sufficient to establish jurisdiction.  Accordingly, the Court denied the motion to dismiss.


Cole, et al. v. The Tobacco Institute, et al., 47 F.Supp.2d 812, United States District Court, E.D. Texas, Beaumont Division (1999).

  • United States
  • Mar 26, 1999
  • United States District Court for the Eastern District of Texas, Beaumont Division


Plaintiff Carlis Cole


  • British American Tobacco
  • The Tobacco Institute

Legislation Cited

Texas Long Arm Statute. Tex.Civ.Prac. & Rem.Code.Ann. §§ 17.041-045 (1986)

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product