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U. S. Court of appeals upholds judgment for Swedish Match North America/The Pinkerton Tobacco Company in product liability lawsuit

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On July 30, 2004, in the smokeless tobacco product liability case known as the Tuttle case, the United States Court of Appeals for the Eighth Circuit upheld the March, 2003 judgment of the United States District Court in Minnesota that had dismissed all claims against the smokeless tobacco manufacturers including a Swedish Match AB’s North American subsidiary, The Pinkerton Tobacco Company. Plaintiff had claimed that Mr. Tuttle, a former baseball player, contracted mouth cancer from chewing tobacco. The U.S. appeals court concluded in a 16-page opinion that plaintiff’s product liability claims were legally insufficient because plaintiff had failed to produce admissible proof of causation and reliance. The case has been pending since 1999.



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