Hunter v. Philip Morris USA

U.S. Court of Appeals, Ninth Circuit · Decided 2009-09-28

Cited by 1,217 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

TASHIMA, Circuit Judge: The question of the preemption of state law by federal tobacco legislation has been addressed numerous times. Today, we address the preemption issue in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. We hold that the district court erroneously allowed the defendants-appellees to achieve diversity ju…

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