Table Bluff Reservation (Wiyot Tribe), et al. v. Philip Morris, Inc., et al.

Several American Indian tribes brought an action against tobacco companies claiming that provisions of the Master Settlement Agreement (MSA) entered into by the companies with state and territorial governments violated their rights.  The tribes argued, among other things: (1) that the MSA's application outdoor tobacco advertisement regulations to tribal lands violated their tribal sovereignty; (2) that their exclusion from the MSA negotiations and the monetary benefits resulting from the MSA violated both equal protection and the right to make and enforce contracts; and (3) that increased prices for cigarettes resulting from the MSA violated due process.  The Court held that the tribes lacked standing to bring their claims due to the failure of the tribes to declare or demonstrate any injury in fact caused by these allegations.

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Table Bluff Reservation (Wiyot Tribe), et al. v. Philip Morris, Inc., et al., 256 F.3d 879, United States Court of Appeals for the Ninth Circuit (2001).

  • United States
  • Jul 16, 2001
  • United States Court of Appeals for the Ninth Circuit

Parties

Plaintiff

  • Ponca Tribe
  • Table Bluff Reservation (Wiyot Tribe)
  • The Apache Tribe of Oklahoma
  • The Comanche Tribe
  • The Confederated Tribes of Colville Consisting of the Chelan Tribe, The Entiats Tribe, The Lakes Tribe, The Methow Tribe, The Moses-Columbia Tribe, The Nespelem Tribe, The Nez Perce Tribe, The Okanogan Tribe, The Palouse Tribe, The San Poil Tribe, and The Wenatchee Tribe
  • The Delaware Tribe of Western Ohio
  • The Eight Northern Indian Pueblos Council of New Mexico
  • The Independent Hopi Village of Shungopavi
  • The Kiowa Tribe of Oklahoma
  • The La Jolla Tribe

Defendant

  • American Tobacco Co., Inc.
  • B.A.T. Industries P.L.C.
  • Brown & Williamson Tobacco Corp.
  • Lorillard Tobacco Co., Inc.
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Co.
  • R.J. Reynolds Tobacco Holdings, Inc.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None