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[T]o the extent that federal law and the First Amendment do not prohibit state action, states and localities remain free to combat the problems of underage tobacco use by appropriate means.Supreme Court Justice Sandra Day O'Connor. <I>In a Victory for Big Tobacco, High Court Rejects Massachusetts Restrictions on Ads</I>
This will be the death knell of RICO treble damage claims against the tobacco industry . . . Every union health fund, health insurer, foreign country and other payor of health care costs that has filed against the industry under RICO was well aware of their alleged injury long before the four-year RICO limitations period expired. Accordingly, they should not be allowed to bring their claims under the Supreme Court's unanimous pronouncement in Rotella.Ken Bass, B&W's attorney at Kirkland & Ellis. Quoted in <i>B&W Says Supreme Court Decision Will Have Major Impact on Tobacco Suits</i>