WASHINGTON -- The U.S. Supreme Court refused Monday to consider an appeal by R.J. Reynolds Tobacco Co., which sought to dismiss a lawsuit on jurisdictional grounds, reported the Associated Press. The Court's decision, issued without comment, means the case can now proceed in federal court in Washington state.
The case involves a Philippine immigrant, Nilo D. Tuazon, who sued Reynolds in 2003 for allegedly participating in a worldwide conspiracy to suppress information regarding the health-related effects of cigarette smoking. Tuazon smoked Salem cigarettes, [image-nocss] a Reynolds brand, for more than 40 years in the Philippines, and then moved to Washington state to live with family, where he filed his lawsuit in a federal court.
Reynolds, a subsidiary of Reynolds American Inc., said its activities in Washington state were not sufficient to give courts there jurisdiction. R.J. Reynolds Tobacco Co. is based in Winston-Salem, N.C.
The company also said that the federal appeals courts have issued inconsistent rulings on the jurisdiction question, a claim that parties seeking Supreme Court review often make in hopes that the justices will seek to clarify the issue. "Because the law...is unclear, businesses that sell products in numerous jurisdictions cannot predict where they may properly be subject to suit," the company said in a court filing.
Lawyers for Tuazon, meanwhile, argued that Reynolds had a sufficient presence in Washington state to be sued in a court in that state. The company had a license to do business there, employed staff, sold 2.5 million to 3 million cigarettes a year in the state, and lobbied against state and local laws that would potentially restrict tobacco advertising, Tuazon's attorneys said.
Tuazon's lawyers, which include attorneys from the public-interest group Public Citizen, also said that the lower federal courts have not been divided on the issue.
Reynolds moved to dismiss the case, but was denied by the federal district court and appeals court.
The case is R.J. Reynolds Tobacco Co. v. Tuazon, Nilo D. (05-1525).Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.