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INSOLIA v. PHILIP MORRIS INC.

No. 97-C-0347-C.

128 F.Supp.2d 1220 (2000)

Vincent INSOLIA and Karen Insolia, Billy Mays and Phyllis Mays and Lee Lovejoy, Plaintiffs, and Physicians Plus Insurance Corporation, Party joined pursuant Wis. Stat. § 803.03 v. PHILIP MORRIS INCORPORATED; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company; Liggett Group, Inc.; The Council for Tobacco Research — U.S.A., Inc.; and The Tobacco Institute, Inc., Defendants.

United States District Court, W.D. Wisconsin.

December 20, 2000.

Attorney(s) appearing for the Case

James A. Olson, Lawton & Cates, S.C., Madison, WI, for Insolia, Karen Insolia, Vincent.

Richard L. Schmidt, Boardman, Suhr, Curry & Field, Madison, WI, for Physicians Plus Ins.

Michael T. Graham, Jackson, Lewis, Schnitzler and Krupman, Chicago, IL, for Associates' Health and Welfare.

Mullen J. Dowdal, Asst U.S. Attorney, Madison, WI, for Shalala, Donna.

Michael L. Zaleski, Quarles & Brady, Madison, WI, for Philip Morris Incorporated.

James R. Clark, Foley & Lardner, Milwaukee, WI, for R.J. Reynolds Tobacco Company.

Michael P. Crooks, Peterson, Johnson, & Murray, S.C., Madison, WI, for Brown & Williamson Tobacco Corp.

Bruce A. Schultz, Attorney at Law, Madison, WI, for Lorillard Tobacco Company.

Robert B. Raschke, Lindquist & Vennum, Minneapolis, MN, for Liggett Group Inc.

John H. Schmid, Axley Brynelson, Madison, WI, for the Council for Tobacco Research.

John Koeppl, Attorney at Law, Madison, WI, for the Tobacco Institute, Inc.

OPINION AND ORDER

CRABB, District Judge.

This civil suit for monetary relief was filed by persons seeking damages for injuries suffered as a result of smoking cigarettes. It is before the court after having been dismissed, appealed and remanded.

In an order entered in May 1999, I granted defendants' motion for summary judgment on all but one of the many claims raised by plaintiffs in their complaint, which fell into the categories of negligence,...

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