Case Citator › McLaughlin v. American Tobacco Co.

McLaughlin v. American Tobacco Co.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Second Circuit
Citation
522 F.3d 215
Decided
Confirmed treatments
1
Flagged citations read
58 of 58
Citing cases (total)
58
Treatment dates
2008
Abrogated
A reviewed court treats this case as abrogated by later authority. All 58 flagged citations to McLaughlin v. American Tobacco Co. have been read. The Supreme Court's decision in Bridge v. Phoenix Bond & Indemnity Co. abrogated McLaughlin's personal-reliance requirement, while courts continue to apply McLaughlin's other reasoning on class certification, injury, causation, and damages.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

58 later cases cite McLaughlin v. American Tobacco Co.; 58 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on McLaughlin v. American Tobacco Co.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court abrogated McLaughlin's requirement that each civil RICO mail-fraud plaintiff personally rely on a misrepresentation.

    Bridge v. Phoenix Bond & Indemnity Co. · Supreme Court of the United States · filed

    a plaintiff asserting a RICO claim predicated on mail fraud need not show, either as an element of his claim or as a prerequisite to establishing proximate causation, that he relied on the defendant's alleged misrepresentations.
    Read the full opinion on CourtListener →

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