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• Empire BlueCross Tobacco Suit in Closing Arguments (Update1) 

Lawyers for U.S. tobacco companies told a Brooklyn, New York jury that cigarette makers didn't mislead Empire BlueCross Blue Shield customers and should not have to pay damages to the insurer for the cost of treating sick smokers.

In closing arguments today in federal court in Brooklyn, Peter Bleakley, an attorney for Philip Morris Cos., said the insurer, New York's largest, is not entitled to recover anything. In addition, Bleakley said the company has made efforts to produce a safer cigarette. . .

``Empire has the burden of demonstrating that Empire is entitled to a whole bunch of money,'' Bleakley said. ``(I expect) you're going to conclude that Empire has failed to reach its burden.''

In arguments earlier today, Empire's attorney, Vincent Fitzpatrick, said cigarette makers put profits ahead of the safety of their customers, resulting in the deaths of hundreds of thousands of Americans every year.

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