Gause v. Philip Morris Inc.

Second Circuit

Gause v. Philip Morris Inc.

29 F. App'x 761

CourtCourt of Appeals for the Second Circuit

DecidedMarch 6, 2002

DocketDocket No. 00-9247

StatusPublished

Cited by2 cases

This text of 29 F. App'x 761 (Gause v. Philip Morris Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gause v. Philip Morris Inc., 29 F. App'x 761 (2d Cir. 2002).

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Opinion

SUMMARY ORDER

This cause came on to be heard on the record from the United States District Court for the Eastern District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed substantially for the reasons stated in Judge Seybert’s Memorandum and Order dated August 2, 2000. Personal injuries of smokers are not injuries to “business or property” within the meaning of the Racketeer Influenced and Corrupt Organizations Act 18 U.S.C. §§ 1961 et seq. See, e.g., Laborers Local 17 Health and Benefit Fund v. Philip Morris, Inc., 191 F.3d 229, 241 (2d Cir.1999), cert. denied, 528 U.S. 1080, 120 S.Ct. 799, 145 L.Ed.2d 673 (2000).

We have considered all of plaintiffs contentions on this appeal and have found them to be without merit. The judgment of the district court is affirmed.

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SUMMARY ORDER

This cause came on to be heard on the record from the United States District Court for the Eastern District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed substantially for the reasons stated in Judge Seybert’s Memorandum and Order dated August 2, 2000. Personal injuries of smokers are not injuries to “business or property” within the meaning of the Racketeer Influenced and Corrupt Organizations Act 18 U.S.C. §§ 1961 et seq. See, e.g., Laborers Local 17 Health and Benefit Fund v. Philip Morris, Inc., 191 F.3d 229, 241 (2d Cir.1999), cert. denied, 528 U.S. 1080, 120 S.Ct. 799, 145 L.Ed.2d 673 (2000).

We have considered all of plaintiffs contentions on this appeal and have found them to be without merit. The judgment of the district court is affirmed.

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29 F. App'x 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gause-v-philip-morris-inc-ca2-2002.

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