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Phillip Morris Urges Court To Toss Smoker's Case

Law360 (September 21, 2007, 12:00 AM EDT) -- Philip Morris USA Inc. has urged a judge to throw out a lawsuit brought by the husband of a deceased smoker because the claims, it argues, are preempted by laws governing cigarette advertising.

The company told Judge Peter K. Leisure of the U.S. District Court for the Southern District of New York that the second amended complaint filed by John Tuosto on behalf of his wife re-pleaded claims that relied on a theory already dismissed by the court as preempted by the federal Labeling Act....
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