031865P.pdf   07/30/2004  Gloria Tuttle  v.  Lorillard Tobacco
   U.S. Court of Appeals Case No:  03-1865
   District of Minnesota   
   Civil case - Tobacco litigation. In suit against several smokeless 
   tobacco manufacturers and their trade association, alleging negligence, 
   fraud and conspiracy, the district court erred in ruling certain of the 
   claims were barred by Minnesota's six-year statute of limitation as the 
   evidence concerning causal connection was not so clear that the 
   limitations' decision can be made as a matter of law; however, the district 
   court did not err in dismissing the negligent misrepresentation and 
   negligent failure to warn claims against the smokeless tobacco 
   manufacturers as plaintiff could not establish reasonable reliance on the 
   manufacturers' statements or a direct causal link between the failure to 
   warn and the injuries her husband sustained (mouth cancer); conspiracy 
   and fraud claims were properly dismissed as plaintiff could not establish 
   reliance; claims based on Minnesota consumer protection laws were time- 
   barred. 
   [PUBLISHED] [Riley, Author, with M. Arnold and Hansen, Circuit Judge]