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STATE v PHILIP MORRIS Click to find out why . . .



Keywords & Phrases
CaseNo: 1JU-97-915CI, CourtCode: SU, CourtName: Superior Court, District: First, JudgeName: Larry Weeks, Plaintiff: STATE, State: AK Alaska, UniqueCaseRef: AK>SU>1JU-97-915CI, Bat Industries, Alaska, Jurisdiction, Tobacco, Subsidiaries, Parent Corporation, Lawsuit, Industry, Complaint, Motion, Superior Court, Dismiss, Defendant Brown, United States, Williamson, Board Members, First Judicial District, Philip Morris, Expenditures, Sued Tobacco Companies, Holding Company, Personal Jurisdiction, Action Claiming Injury, Instrumentality, International Shoe, General Jurisdiction , ContentID: 120239549

Case Documents
1 1999-02-02 MEMORANDUM AND ORDER
[ see first page and extracted highlights below  ] ItemID: 100052
15 pages
HTML
Total Documents: 1 document , 15 pages
Price: $ 19.95


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1 . MEMORANDUM AND ORDER

EXTRACTED KEY WORDS
ALASKA
DEFENDANT
JURISDICTION
COURT
TOBACCO
SUBSIDIARIES
PARENT CORPORATION
LAWSUIT
PLAINTIFF
INDUSTRY
COMPLAINT
MOTION
SUPERIOR COURT
BUSINESS
DISMISS
DEFENDANT BROWN
UNITED STATES
WILLIAMSON
BOARD MEMBERS
FIRST JUDICIAL DISTRICT
PHILIP MORRIS
EXPENDITURES
SUED TOBACCO COMPANIES
HOLDING COMPANY
PERSONAL JURISDICTION
ACTION CLAIMING INJURY
INSTRUMENTALITY
INTERNATIONAL SHOE
GENERAL JURISDICTION
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

FIRST JUDICIAL DISTRICT AT JUNEAU

STATE OF ALASKA, Plaintiff,

vs.

PHILIP MORRIS, et al., Defendants.

Case No. 1JU-97-915CI

MEMORANDUM AND ORDER

This lawsuit is brought by the State of Alaska in an attempt to obtain funds for expenditures made
The State has sued tobacco companies and related industry organizations. It filed a complaint on
ges and other relief.

Defendant BAT Industries filed a motion to dismiss for lack of jurisdiction. The State opposed and
heard on April 29th, 1998. The court took the motion under advisement.

The question is whether the Alaska courts may force BAT Industries to appear in this state and

Background

BAT Industries is a British holding company located in London. It is the holding company for some
des BATCo and Brown and Williamson Tobacco Co.(B&W). B&W is a U.S. corporation and a wholly owned
 tobacco products in the United States. B&W manufactures cigarettes sold in Alaska.1 The corporate
o and the Duke monopoly that was broken up by anti-trust laws in the early 20th century.2

ARGUMENTS
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
  • FIRST JUDICIAL DISTRICT AT JUNEAU
  • This lawsuit is brought by the State of Alaska in an attempt to obtain funds for expenditures
  • The State has sued tobacco companies and related industry organizations.
  • Defendant BAT Industries filed a motion to dismiss for lack of jurisdiction.
  • The question is whether the Alaska courts may force BAT Industries to appear in this state
  • It is the holding company for some 500 subsidiaries including the BAT Group which includes
  • It is a major manufacturer and seller of tobacco products in the United States.
  • BAT Industries supports its motion to dismiss for lack of jurisdiction by listing those
  • At no time has BAT Industries ever had more than 185 employees, all of whom have been engaged
  • The State alleges jurisdiction6 over BAT Industries because of its direct tortious acts
  • Plaintiff says that this is contrary to BAT's long-standing public declarations and recent
  • Alaska's personal jurisdiction extends as far as federal due process will allow.8 A plaintiff
  • The facts also allege that at the time of the act or omission by BAT Industries, solicitation
  • General jurisdiction applies where a defendant's activities in the state are "substantial" or
  • BAT Industries has exercised sufficient control over Brown & Williamson as an instrumentality
  • The question of whether a subsidiary's contacts with a jurisdiction may be imputed to the also be subject to jurisdiction.
  • The actions of B&W, as they relate to the issues in this lawsuit, are all controlled by BAT
  • BAT Industries funded the Farmers Insurance Company with cash and through financing
  • If the claim involved in this case had arisen from the actions of the defendant which were
  • Through a succession of intermediary corporations and holding companies, Defendant BAT
  • in an action claiming injury to person or property in or out of this state arising out of an
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