LANGUAGE

Shaw v. Brown & Williamson Tobacco Corp.

A truck driver routinely traveled in an enclosed truck with a co-worker who smoked a brand of cigarettes manufactured by the defendant tobacco company. He was eventually diagnosed with lung cancer. The truck driver, along with his wife, brought an action against the tobacco company, asserting among other claims, that the tobacco company had engaged in negligent misrepresentation, negligent failure to warn, and intentional misrepresentation with regard to its known harms of environmental tobacco smoke. The tobacco company claimed that the suit should be dismissed, among other reasons, because the Public Health Cigarette Smoking Act of 1969 preempted the plaintiffs' claims of negligence and intentional misrepresentation. The United States District Court for the District of Maryland dismissed the majority of the plaintiffs' claims but granted their claims of negligent failure to warn and intentional misrepresentation.