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Court reinstates Alaska smoker case vs Altria 

A U.S. appeals court on Monday reinstated an Alaska lawsuit against Altria Group Inc's Philip Morris USA by the survivor of a deceased smoker, saying her state product liability claims were not preempted by federal law and should have been tried in state court.

Altria and Philip Morris had argued that the state claims could not go forward against Alaska Commercial Co, a local retailer, because a victory for plaintiffs Dolores Hunter and the estate of Benjamin G. Francis could result in a ban of cigarette sales in the state.

Francis died at 52 of lung cancer in December of 2004. Hunter was his common law wife and was appointed the personal representative of his estate by a state court.

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