Joe Rivera v. Philip Morris, Inc.

395 F.3d 1142 Joe RIVERA, individually and as Guardian ad Litem for Joseph Rivera, V, and Jenica Rivera, minors, and Joe Rivera as Special Administrator to the Estate of Pamela Rivera, Plaintiff-Appellant, v. PHILIP MORRIS, INC., a Virginia corporation, Defendant-Appellee. No. 03-16100. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 10, 2004. Filed January 28, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Mark Johnson, Esq. and Sims Weymuller, Esq., Johnson-Flora, PLLC, Seattle, WA, for the plaintiff-appellant. John P. Desmond, Esq., Jones Vargas, Reno, NV, Daniel P. Collins, Esq., Munger Tolles & Olson, Los Angeles, CA, for the defendant-appellee. Appeal from the United States District Court for the District of Nevada; James C. Mahan, District Judge, Presiding. D.C. No. CV-01-00601-JCM. Before: FARRIS, D.W. NELSON, and GOULD, Circuit Judges. FARRIS, Senior Circuit Judge. 1 Joe Rivera brought a wrongful death action against Philip Morris Inc., a tobacco manufacturer, asserting state law claims for strict product liability, fraud, and conspiracy. Summary judgment in favor of Philip Morris was granted. We affirm in part and remand for…