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951 S.W.2d 420 *; 1997 Tex. LEXIS 56 **; 40 Tex. Sup. J. 658; 33 U.C.C. Rep. Serv. 2d (Callaghan) 331; CCH Prod. Liab. Rep. P14,992
THE AMERICAN TOBACCO COMPANY, INC., PETITIONER v. JEANNIE GRINNELL, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF WILEY GRINNELL, JR., DECEASED, WILEY AND FRANCES GRINNELL, SR., AND KEVIN GRINNELL, RESPONDENTS
Prior History: [**1] ON APPLICATION FOR WRIT OF ERROR TO THE COURT OF APPEALS FOR THE NINTH DISTRICT OF TEXAS.
Disposition: Reversed in part and affirmed in part and remanded.
cigarettes, smoking, addictive, tobacco, warnings, common knowledge, advertisements, preempted, summary judgment, manufacturer, pesticide, risks, unreasonable danger, general health, design defect, manufacturing defect, residue, matter of law, consumer, products, cancer, lung cancer, implied warranty, health risk, misrepresentation, commonly known, effects, user, nicotine, alcohol
Civil Procedure, Summary Judgment, Burdens of Proof, General Overview, Appeals, Summary Judgment Review, Entitlement as Matter of Law, Torts, Products Liability, Theories of Liability, Strict Liability, Types of Defects, Design Defects, Marketing & Warning Defects, Criminal Law & Procedure, Defenses, Intoxication, Evidence, Inferences & Presumptions, Presumptions, Rebuttal of Presumptions, Manufacturing Defects, Business & Corporate Compliance, Environmental Law, Hazardous Wastes & Toxic Substances, Pesticides, Governments, Agriculture & Food, Movant Persuasion & Proof, Commercial Law (UCC), Contract Provisions, Warranties, Contracts Law, Contract Conditions & Provisions, Implied Warranties, Contracts Law, Types of Contracts, Express Warranties, Defenses, Demurrers & Objections, Affirmative Defenses, Legislation, Statute of Limitations, Time Limitations, Sales of Goods, Tolling of Statute of Limitations, Discovery Rule, Types of Commercial Transactions, Consideration, Enforcement of Promises, Fraud & Misrepresentation, Negligent Misrepresentation, Elements, Contract Formation, Business Torts, Sales (Article 2), Contract Terms, Negligence, Concerted Action, Civil Conspiracy, Strict Liability, Abnormally Dangerous Activities, Antitrust & Trade Law, Consumer Protection, Tobacco Products, Federal Cigarette Labeling & Advertising Act, Communications Law, Regulated Practices, Content Regulation, Advertising, State Regulation, Procedural Matters, Preemption, Nondisclosure, Deceptive & Unfair Trade Practices, False Advertising