AL Coushatta Tribe v. American Tobacco Co ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41198
Summary Calendar
THE ALABAMA COUSHATTA TRIBE OF TEXAS,
Plaintiff-Appellant,
versus
THE AMERICAN TOBACCO COMPANY; R.J. REYNOLDS TOBACCO COMPANY; BROWN
& WILLIAMSON TOBACCO CORPORATION; B.A.T. INDUSTRIES PLC; PHILIP
MORRIS INCORPORATED; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY
INC.; UNITED STATES TOBACCO COMPANY; HILL & KNOWLTON INC.; THE
COUNCIL FOR TOBACCO RESEARCH USA INC.; Successor to the Tobacco
Institute Research Committee; THE TOBACCO INSTITUTE INC.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CV-596
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July 15, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
The Alabama Coushatta Tribe of Texas (“the Tribe”) appeals the
dismissal of its complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6). It argues that its sovereign status and the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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fact that the injuries were alleged to have been suffered by the
Tribe itself, apart from its members, refute the district court’s
determination that the Tribe could not establish the requisite
proximate cause because it had suffered no direct injury.
We review the district court’s ruling de novo. Shipp v.
McMahon, 234 F.3d 907, 911 (5th Cir. 2000), cert. denied, 532 U.S.
1052 (2001). After fully reviewing the parties’ briefs, the
applicable law, and the record, we find that the Tribe’s sovereign
status and their “direct injury” argument do not make this case
distinguishable from our decision in Texas Carpenters Health
Benefit Fund v. Philip Morris, Inc., 199 F.3d 788 (5th Cir. 2000).
See Service Employees International Union Health and Welfare Fund
v. Philip Morris Inc., 249 F.3d 1068, 1073 (D.C. Cir.), cert.
denied, 122 S. Ct. 463 (2001)(foreign government’s status as a
sovereign does not eliminate or adequately substitute for proximate
cause requirement); Laborers Local 17 Health and Benefit Fund v.
Philip Morris, Inc., 191 F.3d 229, 239 (2nd Cir. 1999), cert.
denied, 120 S. Ct. 799 (2000)(labor union funds’ contention that
they suffered direct injury because of “infrastructure harm” did
not change fact that the alleged injury was entirely derivative of
the harm suffered by the plan participants as a result of using
tobacco products). Therefore, we AFFIRM for essentially the same
reasons stated by the district court in its August 30, 2001 order.
AFFIRMED.
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