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Tinsley v. General Motors Corporation, 2000 U.S. App. LEXIS 23742 (6th Cir. Sep. 26, 2000); 2000 FED App. 0342P (6th Cir.)-The inquiry into the exercise of undue influence is a highly fact-intensive one. Because of the nature of undue influence claims, and because Tinsley raised a genuine issue of material fact, summary judgment was inappropriate. See detailed analysis.
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Lyons v. Philip Morris, Inc., 2000 U.S. App. LEXIS 22377 (8th Cir. Sep. 1, 2000)-State court case against tobacco companies to recover health care costs was properly removed because ERISA preempts the state law claims; trustees of health plans did not have standing to sue under RICO for indirect injuries; district court properly dismissed B.A.T. Industries for lack of personal jurisdiction.
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