X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

NATHANIEL R. JONES, Circuit Judge. Plaintiff-Appellant Jocelyn Tompkin, the widow of decedent David Tompkin, brought the underlying productsliability suit against Defendants-Appellees The American Tobacco Company, Phillip Morris, Inc., Lorillard Tobacco Co., Lorillard, Inc., and Liggett Group.Mrs. Tompkin asserted that Defendants’ cigarettes were defective under the Ohio Products Liability Act (“OPLA”), and that these defective productscaused her husband’s death. Mrs. Tompkin also asserted common law negligence, wilful and wanton misconduct, and implied warranty claims. Defendantsultimately moved for summary judgment, and the district court granted their motions. Specifically, the district court concluded that because the dangers ofcigarette smoking were “common knowledge” during the time Mr. Tompkin smoked, Mrs. Tompkin had not asserted an actionable claim under OPLA.Regarding Mrs. Tompkin’s common law claims, the district court concluded that Mrs. Tompkin’s negligence, wanton misconduct, and implied warrantyclaims were pre-empted by OPLA. On appeal, while we agree that OPLA preempts Mrs. Tompkin’s negligence and wanton misconduct claims, we findthat Ohio common law continues to recognize an independent breach of implied warranty action. Additionally, we hold that a genuine issue of material factexists on the extent of contemporaneous “common knowledge” on the link between cigarette smoking and lung cancer. Accordingly, we AFFIRM in part,REVERSE in part, and REMAND for further proceedings.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›