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Civil Procedure Keyed to Spencer
Bolivia v. Philip Morris Companies, Inc.
Citation:
39 F. Supp. 2d 1008 (S.D. Tex. 1999)Facts
The Republic of Bolivia initiated this action against numerous tobacco companies in Brazoria County, Texas state court, seeking to recover healthcare costs allegedly incurred in treating illnesses suffered by Bolivian residents as a result of tobacco use. The defendants removed the case to the United States District Court for the Southern District of Texas, Galveston Division, on February 19, 1999, asserting federal question and diversity jurisdiction. This case was one of at least six similar actions brought by foreign governments (Guatemala, Panama, Nicaragua, Thailand, Venezuela, and Bolivia) in various courts throughout the United States. The Galveston Division was presided over by a single judge managing over seven hundred cases with annual civil filings exceeding that number, and the judge was dealing with significant personal circumstances affecting his capacity to handle complex international litigation.
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