http://www.tobacco.org/newsfeed/lawsuit/blues.rss Latest top tobacco news headlines en-us http://biz.yahoo.com/prnews/020228/nyth161_1.html http://tobacco.org/news/87126.html Today, the Honorable Jack B. Weinstein, Senior District Court Judge, United States District Court, Eastern District of New York, handed down a decision that further holds the major tobacco companies responsible for their actions by assigning them responsibility for legal fees associated with Empire Blue Cross and Blue Shield's previous jury verdict and judgment against the tobacco industry in Empire Blue Cross/Blue Shield of N.J. Inc. vs. Philip Morris, Inc. The unprecedented jury verdict last June, which was the first victory by an insurance company in litigation to recover damages for the costs associated with insuring smokers, found that the tobacco industry had engaged in deceptive trade practices. We are particularly pleased that the court recognized the hard work that we performed on behalf of our client on this important issue. Today's award makes this first-of-its-kind victory even more gratifying. This judgment awarding $37,841,054.22 in legal fees is confirmation of what the Court said was ``the public interest advanced in this case'' in establishing ``a new legal theory of liability.'' PR Newswire Thu, 28 Feb 2002 05:00:00 GMT http://dailynews.yahoo.com/h/nm/20010604/bs/tobacco_bluecross_dc_4.html http://tobacco.org/news/67582.html ``We did not agree with some of the basic requirements of RICO,'' one member of the 12-person jury said. Another juror said some jurors did believe fraud existed, ``but there wasn't enough evidence.'' The lead plaintiff attorney seemed relatively pleased with the outcome. ``We're disappointed in the common law (fraud) and RICO charges, but we're very pleased that for the first time we're a third party payor that prevailed,'' Vincent FitzPatrick said soon after the verdict was read. FitzPatrick said he expects to see other deceptive business practice suits around the country. ``This is in a sense is just the beginning.'' COMPANIES PLAN TO APPEAL ``We're obviously not 100 percent pleased, but we're pretty damn close,'' Peter Bleakley, an attorney for Philip Morris, the world's largest tobacco company, said soon after the verdict was announced. ``We're first pleased about the common law (fraud) and RICO, but even the (deceptive) business practices was limited. I can't imagine this kind of result is going to be encouraging to third party plaintiffs.'' Philip Morris, R.J. Reynolds and Brown & Williamson said in separate statements that they plan to appeal the verdict. Reuters Mon, 04 Jun 2001 04:00:00 GMT http://dailynews.yahoo.com/h/nm/20010604/bs/tobacco_bluecross_dc_2.html http://tobacco.org/news/67565.html Several tobacco companies were found guilty of deceptive business practices on Monday in a case brought by Blue Cross Blue Shield, which sought to be reimbursed for funds it allegedly spent on smoking-related costs, as a jury ruled that the companies must pay up to $17.8 million in damages. In the case -- a third-party payor complaint on behalf of health care plans -- Blue Cross Blue Shield sought reimbursement of alleged smoking-related medical care costs that were incurred by health care plans. Blue Cross sued in a Brooklyn, N.Y. court for direct claims on their own behalf and on behalf of their subscribers. All of the defendants except for British American Tobacco Plc (BATS.L) (AMEX:BTI - news) were found guilty of deceptive business practices. The companies were ordered to pay Blue Cross Blue Shield either $17.8 million in direct liability or $11.8 million in non-direct liability, which would go to Blue Cross Blue Shield's subsidiary companies. Reuters Mon, 04 Jun 2001 04:00:00 GMT http://www.bloomberg.com/fgcgi.cgi?T=marketsquote99_news.ht&s=AOw2ClhV1RW1waXJl http://tobacco.org/news/66734.html 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. Bloomberg News Thu, 24 May 2001 04:00:00 GMT http://www.washingtonpost.com/wp-srv/aponline/20010326/aponline171333_000.htm http://tobacco.org/news/62448.html The tobacco industry was back on trial Monday . . . Empire Blue Cross and Blue Shield want Philip Morris, R.J. Reynolds and other cigarette makers to pay at least $800 million in damages. Empire attorney Paul Baschorr called the figure "the pricetag of the defendants' dishonesty." In opening statements at the fraud trial in federal court, Baschorr said the tobacco industry had "repeatedly lied and deceived the American public" over the last 40 years. He said the conspiracy had resulted in an avalanche of insurance claims for lung cancer and other smoking-related ailments. "Now it's Empire's turn to submit a bill to the tobacco industry," Baschorr said. Tobacco lawyers have said their clients never plotted to hide the hazards of smoking. . . The case is the second to go to trial out of a backlog of 10 lawsuits brought mostly by third partie AP Mon, 26 Mar 2001 05:00:00 GMT http://biz.yahoo.com/prnews/991026/dc_blue_cr_1.html http://tobacco.org/news/29724.html Big tobacco lost an effort to block a suit by Blue Cross and Blue Shield Plans for costs due to smoking-related illnesses in the U.S. Court of Appeals for the Second Circuit today. . . The tobacco companies asked the Second Circuit to review a decision by Brooklyn Federal District Court Judge Jack Weinstein, which held that the Blues could pursue their claims against the tobacco companies. The Circuit Court denied their petitions without opinion. The Coalition for Tobacco Responsibility, a group of Blue Cross and Blue Shield plans from around the country, filed three federal lawsuits against tobacco in April 1998 alleging that the industry concealed the addictive nature of smoking, and manipulated nicotine levels to increase the potential for addiction. PR Newswire Tue, 26 Oct 1999 04:00:00 GMT http://biz.yahoo.com/prnews/990111/nc_rj_reyn_1.html http://tobacco.org/news/13829.html At a minimum, the judge held, ``a plaintiff who complains of harm flowing merely from the misfortunes visited upon a third person by a defendant's acts is generally said to stand at too remote a distance to recover. Under this principle, referred to as the 'remoteness doctrine', relief, and hence, standing, to recover for damages is limited to those directly injured by the defendant's conduct.'' PR Newswire Mon, 11 Jan 1999 05:00:00 GMT