Walker v. Liggett Group

Several states objected to being certified by the court as part of a settlement class for purposes of dispensing with smoking-related claims. The states argued that the federal court lacked jurisdiction to settle their claims because the Immunity Provision of the Eleventh Amendment of the U.S. Constitution prohibited federal court jurisdiction over the states or their agencies without their consent. The Court found that no evidence had been presented indicating the plaintiffs' consent to participate in the class and consequently ordered the states and their agencies stricken from the settlement class.

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Walker, et al. v. Liggett Group, Inc. et al., 982 F. Supp. 1208, United States District Court, S.D. West Virginia, Charleston Division (1997)

  • United States
  • Jun 4, 1997
  • United States District Court, S.D. West Virginia, Charleston Division

Parties

Plaintiff

  • Earl William Walker, Jr.
  • State of Alabama
  • State of Colorado
  • State of Commonwealth of Pennsylvania
  • State of Delaware
  • State of Georgia
  • State of Nebraska
  • State of Ohio
  • State of Oregon
  • State of South Dakota
  • State of Tennessee
  • State of Wyoming

Defendant

  • Liggett Group, Inc.
  • Others

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

None

Type of Tobacco Product

None