Betty Jean Myers, Plaintiff-appellant, v. Philip Morris Companies, Inc.; Brown & Williamson Tobacco Company Corp.; R.j. Reynolds Tobacco Company, Defendants-appellees, 307 F.3d 921 (9th Cir. 2002)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 307 F.3d 921 (9th Cir. 2002) Submitted* December 15, 2000
Submission Withdrawn and Deferred, Certified to California Supreme Court, February 14, 2001
Certification to California Supreme Court Amended, March 28, 2001
Filed September 30, 2002

Andre P. Gaston, Bourdette & Partners, Visalia, CA, for appellant Betty Jean Myers.

Keith D. Kessler, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, for appellee R.J. Reynolds.

Appeal from the United States District Court for the Eastern District of California; Robert E. Coyle, District Judge, Presiding.

Before BOOCHEVER, O'SCANNLAIN, and TASHIMA, Circuit Judges.

OPINION

PER CURIAM.


In light of the answer given to the question certified to the Supreme Court of California, Myers v. Phillip Morris Cos., 239 F.3d 1029 (9th Cir. 2001), this case is REMANDED to the District Court for further proceedings consistent with Myers v. Philip Morris Cos., 28 Cal. 4th 828, 123 Cal. Rptr. 2d 40, 50 P.3d 751 (2002) and Naegele v. R.J. Reynolds Tobacco Co., 28 Cal. 4th 856, 123 Cal. Rptr. 2d 61, 50 P.3d 769 (2002).

 *

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a) (2)

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.