Republic of Venezuela v. Philip Morris Inc., et al.

Six foreign governments filed separate actions against various tobacco companies in a Florida state court, seeking recovery of health care costs attributable to treatment of tobacco-related diseases.  The actions were initially removed to federal district court, but certain actions were subsequently remanded by the district court to Florida state court due to the lack of federal subject matter jurisdiction.  The tobacco companies both appealed the district court's decisions to remand and petitioned the Appellate Court to issue writs of mandamus prohibiting remand.  In this decision, the Appellate Court held that it lacked authority to review the district court's decision to remand.  The Court further declined to issue writs of mandamus.  The Court noted, among other things, that remand to state court would not constitute clear error or abuse of discretion in these cases and that the Court's lack of authority to review remand decisions on appeal counseled against asserting its authority to prevent these decisions.

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Republic of Venezuela v. Philip Morris Inc., et al., 287 F.3d 192, United States Court of Appeals for the District of Columbia Circuit (2002).

  • United States
  • Apr 26, 2002
  • United States Court of Appeals for the District of Columbia Circuit

Parties

Plaintiff Republic of Venezuela

Defendant

  • Others
  • Philip Morris Incorporated

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

None

Substantive Issues

Type of Tobacco Product

None