Public Citizen v. Liggett Group,

858 F.2d 775, cert. denied, 488 U.S. 1030 (1989)

Facts

Public Citizen (P) intervened in a lawsuit to modify a protective order barring nonlitigatory use of documents discovered in an action against Liggett (D) for wrongful death from cigarette smoking. That suit was dismissed on the basis that the claim was preempted by the federal cigarette labeling statute. The district court granted P's motion, and D appealed.