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Jump to full article: Law360, 2009-09-28
Author: Pete Brush
Intro: A federal appeals court ruled Monday that a wrongful death lawsuit against Philip Morris USA, its parent company Altria Group Inc. and an Alaska retailer that sells cigarettes belongs in state court, vacating a lower court's September 2007 dismissal.
The U.S. Court of Appeals for the Ninth Circuit's decision paves the way for the case to be reopened in a Bethel, Alaska, court.
"While disappointed with today's ruling, it is important to note that the decision addressed only where the case should be tried and does not address the merits of the plaintiff's claim," Altria Group spokesman Jack Marshall said Monday. "We will defend the case vigorously in state court."
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