Hunter v. Philip Morris USA

After a smoker died of lung cancer, his survivors sued cigarette manufacturers and distributors.  In this decision, the appellate court addressed the preemption issues in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. The court held that the lower court erroneously allowed the tobacco companies to achieve diversity jurisdiction by its incorrect finding that the plaintiffs' state law claims were preempted and constituted fraudulent joinder. The court vacated the judgment and remanded with instructions to remand to state court. 


Hunter v. Philip Morris USA, 582 F.3d 1039 (9th Cir. 2009)

  • United States
  • Sep 28, 2009
  • United States Court of Appeals, Ninth Circuit


Plaintiff Dolores Hunter


  • Altria Group Inc.
  • Philip Morri USA
  • The Alaska Commercial Company

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics


Substantive Issues

Type of Tobacco Product