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The US Supreme Court declined to hear an appeal by 30 states in a battle over payments by three small cigarette companies into accounts set up to help cover future damage awards in tobaccorelated lawsuits.
The justices' decision allows the companies to continue to fight state laws requiring payments to accounts set up as part of a $206 billion financial settlement eight years ago with the largest tobacco companies. Each of the 30 states had passed a law requiring companies that didn't participate in that settlement to pay into the escrow funds to help cover future damage awards. The three small companies sued, alleging the states violated antitrust law and the Commerce Clause of the US Constitution. The laws each state passed were mostly identical to model legislation contained in an appendix to the settlement with the biggest tobacco companies.
The 2nd US Circuit Court of Appeals in New York, the state where the settlement negotiations had taken place, allowed the small companies to pursue the antitrust claims.
This News item appeared in issue 110 of JTW News - November 2006
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