Hunter

BACKGROUND

Benjamin Francis, an Alaska resident and citizen, died at age fifty-two from lung cancer. As Francis’ survivor and on behalf of his estate, Dolores Hunter brought a wrongful death lawsuit in Alaska state court against Philip Morris USA, a Virginia corporation that produces, markets, and distributes cigarettes; Altria Group, the parent company of Philip Morris USA; and the Alaska Commercial Company (“ACC”), an Alaska corporation that sells merchandise, including ciga- rettes manufactured by Philip Morris, in stores throughout Alaska (all three Appellees are collectively referred to as “Appellees”).

Hunter alleged that Francis’ death resulted from defective products sold by Appellees. Hunter’s complaint included claims of: (I) fraud and misrepresentation, (II) products liabil- ity, (III) failure to warn, (IV) deceptive advertising, (V) breach of warranty, (VI) conspiracy, and (VII) addiction defectiveness.

Philip Morris and Altria (together, the “Altria defendants”) removed the case to the United States District Court for the District of Alaska. They argued that Hunter’s state law claims against ACC were preempted by congressional policy not to remove tobacco from the…