Dahl v. R.J. Reynolds Tobacco Co.
Dahl, et al. v. R.J. Reynolds Tobacco Company, et al., 478 F.3d 965, United States Court of Appeals for the Eighth Circuit (2007).
- United States
- Feb 28, 2007
- United States Court of Appeals for the Eighth Circuit
Dahl, et al. v. R.J. Reynolds Tobacco Company, et al., 478 F.3d 965, United States Court of Appeals for the Eighth Circuit (2007).
Two individuals brought an action in state court against a tobacco company under Minnesota's consumer protection law and the doctrine of fraud, seeking damages and restitution for the company's manufacturing and marketing practices designed to deceive the public as to the harmful health effects of its "lights" cigarettes. Following an unsuccessful attempt to remove the case to federal court, the defendants moved for removal a second time over two years after the original filing of the complaint, arguing that federal officer jurisdiction should apply to this case in light of a holding in the Eighth Circuit that recognizes federal officer jurisdiction in a separate, but similar case. The Court held that the defendants' motion for removal was untimely despite the recent ruling by the Eighth Circuit and remanded the case to state court.