EXHIBIT 99
CERTAIN PENDING LITIGATION MATTERS AND RECENT DEVELOPMENTS
As described in Note 3 ("Note 3") to the Condensed Consolidated Financial
Statements included in Part I, Item 1, of this Quarterly Report on Form 10-Q,
there are legal proceedings covering a wide range of matters pending in various
U.S. and foreign jurisdictions against the Company, its subsidiaries and
affiliates, including PM Inc. and PMI, and their respective indemnitees.
Various types of claims are raised in these proceedings, including products
liability, consumer protection, antitrust, securities law, tax, patent
infringement, employment matters and claims for contribution. Pending claims
related to tobacco products generally fall within three categories: (i) smoking
and health cases alleging personal injury brought on behalf of individual
plaintiffs, (ii) smoking and health cases alleging personal injury and
purporting to be brought on behalf of a class of individual plaintiffs, and
(iii) health care cost recovery cases, including class actions, brought by state
and local governments, unions, federal and state taxpayers, HMOs, native
American tribes and others seeking reimbursement for Medicaid and/or other
health care expenditures allegedly caused by cigarette smoking. The following
lists the pending claims included in the latter two of these categories.
Certain developments in these cases since January 1, 1998 are also described.
SMOKING AND HEALTH LITIGATION
The following lists the smoking and health class actions pending against PM Inc.
and, in some cases, the Company and/or its other subsidiaries and affiliates,
including PMI, as of May 1, 1998, and describes certain developments since
January 1, 1998.
CASTANO, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, EASTERN DISTRICT, LOUISIANA, FILED MARCH 29, 1994. In January 1998, PM
Inc. and certain other members of the United States tobacco industry agreed with
plaintiffs to dismiss this action without prejudice and to toll the statute of
limitations. In connection with that agreement, PM Inc. paid $5.9 million to
reimburse costs and expenses of plaintiffs' counsel, such reimbursement to be
credited against any award of costs and expenses incurred in connection with
this action that such counsel may obtain in the future resulting from federal
legislation implementing the proposed Resolution, or against any judgment or
settlement such counsel may obtain in the future in similar actions.
ENGLE, ET AL. V. R.J. REYNOLDS TOBACCO CO., ET AL., CIRCUIT COURT, DADE COUNTY,
FLORIDA, FILED MAY 5, 1994. In January 1998, the court denied a motion to
decertify the class (consisting of all Florida citizens and residents and their
survivors who have suffered injury "caused by their addiction to cigarettes that
contain nicotine"), but expressed reservations and concerns about the
manageability of the class action, and postponed the trial date to permit an
appeal of that decision. The appeals court dismissed the appeal on the grounds
that the lower court's ruling could only be appealed after final judgment in the
case. Trial is scheduled for July 1998.
GRANIER, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, EASTERN DISTRICT, LOUISIANA, FILED SEPTEMBER 26, 1994.
CAPUTO (formerly LETOURNEAU) V. IMPERIAL TOBACCO LIMITED, ET AL., ONTARIO COURT
OF JUSTICE, TORONTO, CANADA, FILED JANUARY 13, 1995.
THE SMOKER HEALTH DEFENSE ASSOCIATION, ET AL. V. SOUZA CRUZ, S.A. AND PHILIP
MORRIS MARKETING, S.A., 19TH LOWER CIVIL COURT OF THE CENTRAL COURTS OF THE
JUDICIARY DISTRICT OF SAO PAULO, BRAZIL, FILED JULY 25, 1995.
NORTON, ET AL. V. RJR NABISCO HOLDINGS CORPORATION, ET AL., SUPERIOR COURT,
MADISON COUNTY, INDIANA, FILED MAY 3, 1996.
RICHARDSON, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., CIRCUIT COURT,
BALTIMORE CITY, MARYLAND, FILED MAY 24, 1996. In January 1998, the court
certified a class consisting of certain persons in Maryland who are
nicotine-dependent and certain Maryland residents who have suffered injury as a
result of using tobacco products. Trial is scheduled for September 1999.
SCOTT, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., DISTRICT COURT, ORLEANS
PARISH, LOUISIANA, FILED MAY 24, 1996.
FROSINA, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., SUPREME COURT, NEW YORK
COUNTY, NEW YORK, FILED JUNE 19, 1996. Trial may commence during the summer or
fall of 1998.
REED, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., SUPERIOR COURT, DISTRICT OF
COLUMBIA, FILED JUNE 21, 1996. In August 1997, the court denied plaintiffs'
motion for class certification.
BARNES (formerly ARCH), ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED
STATES DISTRICT COURT, EASTERN DISTRICT, PENNSYLVANIA, FILED AUGUST 8, 1996.
LYONS, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, SOUTHERN DISTRICT, ALABAMA, FILED AUGUST 8, 1996.
CHAMBERLAIN, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES
DISTRICT COURT, NORTHERN DISTRICT, OHIO, FILED AUGUST 14, 1996.
THOMPSON, ET AL. V. AMERICAN TOBACCO COMPANY, INC., ET AL., UNITED STATES
DISTRICT COURT, MINNESOTA, FILED SEPTEMBER 4, 1996.
PERRY/CHAMPION, ET AL. V. AMERICAN TOBACCO CO., INC., ET AL., CIRCUIT COURT FOR
COFFEE COUNTY, TENNESSEE, AT MANCHESTER, FILED SEPTEMBER 6, 1996.
CONNOR, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., SECOND JUDICIAL DISTRICT
COURT, BERNALILLO COUNTY, NEW MEXICO, FILED OCTOBER 10, 1996.
RUIZ, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, PUERTO RICO, FILED OCTOBER 23, 1996. In March 1998, the court denied
plaintiffs' motion for class certification.
HANSEN, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, EASTERN DISTRICT, ARKANSAS, FILED NOVEMBER 4, 1996.
MCCUNE, ET AL. V. AMERICAN TOBACCO COMPANY, ET AL., CIRCUIT COURT OF KANAWHA
COUNTY, WEST VIRGINIA, FILED JANUARY 31, 1997.
BAKER, ET AL. V. AMERICAN TOBACCO COMPANY, ET AL., CIRCUIT COURT, WAYNE COUNTY,
MICHIGAN, FILED FEBRUARY 4, 1997.
WOODS (formerly INGLE), ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., CIRCUIT
COURT, MCDOWELL COUNTY, WEST VIRGINIA, FILED FEBRUARY 4, 1997.
EMIG, ET AL. V. AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT COURT,
KANSAS, FILED FEBRUARY 6, 1997.
PETERSON, ET AL. V. AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, HAWAII, FILED FEBRUARY 6, 1997.
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WALLS, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, NORTHERN DISTRICT, OKLAHOMA, FILED FEBRUARY 6, 1997.
SELCER, ET AL. V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, NEVADA, FILED MARCH 3, 1997.
INSOLIA, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., UNITED STATES DISTRICT
COURT, WESTERN DISTRICT, WISCONSIN, FILED APRIL 21, 1997.
WHITE, ET AL. V. PHILIP MORRIS, INC., ET AL., CHANCERY COURT, JEFFERSON COUNTY,
MISSISSIPPI, FILED APRIL 18, 1997. In March 1998, plaintiffs voluntarily
dismissed, without prejudice, the health care cost reimbursement claims in their
complaint.
GEIGER, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., SUPREME COURT, QUEENS
COUNTY, NEW YORK, FILED APRIL 30, 1997.
COLE, ET AL. V. THE TOBACCO INSTITUTE, INC., ET AL., UNITED STATES DISTRICT
COURT, EASTERN DISTRICT, TEXAS, TEXARKANA DIVISION, FILED MAY 5, 1997.
CLAY, ET AL. V. THE AMERICAN TOBACCO COMPANY, INC., ET AL., UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT, ILLINOIS, BENTON DIVISION, FILED MAY 22,
1997. In April 1998, the court vacated the August 1998 trial date, and
scheduled the trial to begin during August 1999.
ANDERSON, ET AL. V. THE AMERICAN TOBACCO COMPANY, INC., ET AL., UNITED STATES
DISTRICT COURT, EASTERN DISTRICT, TENNESSEE, FILED MAY 23, 1997.
TAYLOR, ET AL. V. THE AMERICAN TOBACCO COMPANY, INC., ET AL., CIRCUIT COURT,
WAYNE COUNTY, MICHIGAN, FILED MAY 23, 1997.
LYONS, ET AL. V. BROWN & WILLIAMSON TOBACCO CORPORATION, ET AL., UNITED STATES
DISTRICT COURT, NORTHERN DISTRICT, GEORGIA, FILED MAY 27, 1997.
COSENTINO, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., SUPERIOR COURT,
MIDDLESEX COUNTY, NEW JERSEY, FILED MAY 28, 1997.
ENRIGHT, ET AL. V. AMERICAN TOBACCO COMPANY, INC., ET AL., SUPERIOR COURT,
CAMDEN COUNTY, NEW JERSEY, FILED MAY 28, 1997.
TEPPER, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., SUPERIOR COURT, BERGEN
COUNTY, NEW JERSEY, FILED MAY 28, 1997.
BROWN, ET AL. V. THE AMERICAN TOBACCO COMPANY, INC., ET AL., SUPERIOR COURT, SAN
DIEGO COUNTY, CALIFORNIA, FILED JUNE 10, 1997.
LIPPINCOTT, ET AL. V. AMERICAN TOBACCO COMPANY, INC., ET AL., SUPERIOR COURT,
CAMDEN COUNTY, NEW JERSEY, FILED JUNE 13, 1997.
BRAMMER, ET AL. V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, SOUTHERN DISTRICT, IOWA, FILED JUNE 20, 1997.
KNOWLES, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, EASTERN DISTRICT, LOUISIANA, FILED JUNE 30, 1997.
DALEY, ET AL. V. AMERICAN BRANDS, INC., ET AL., CIRCUIT COURT, COOK COUNTY,
ILLINOIS, FILED JULY 7, 1997.
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PISCITELLO, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., SUPERIOR COURT,
MIDDLESEX COUNTY, NEW JERSEY, FILED JULY 28, 1997.
MCCAULEY, ET AL. V. BROWN & WILLIAMSON TOBACCO CORPORATION, ET AL., UNITED
STATES DISTRICT COURT, NORTHERN DISTRICT, GEORGIA, FILED AUGUST 15, 1997. In
March 1998, the court entered an order SUA SPONTE that dismissed the class
allegations in plaintiffs' complaint.
DASILVA, ET AL. V. NIGERIAN TOBACCO COMPANY, ET AL., HIGH COURT OF LAGOS STATE,
NIGERIA, FILED SEPTEMBER 8, 1997.
BUSH, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., UNITED STATES DISTRICT
COURT, EASTERN DISTRICT, TEXAS, FILED SEPTEMBER 10, 1997.
NWANZE, ET AL. V. PHILIP MORRIS COMPANIES INC., ET AL., UNITED STATES DISTRICT
COURT, SOUTHERN DISTRICT, NEW YORK, FILED SEPTEMBER 29, 1997.
BADILLO, ET AL. V. AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, NEVADA, FILED OCTOBER 8, 1997.
NEWBORN, ET AL. V. BROWN & WILLIAMSON TOBACCO CORPORATION, ET AL., UNITED STATES
DISTRICT COURT, WESTERN DISTRICT, TENNESSEE, FILED OCTOBER 9, 1997.
YOUNG, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., CIVIL DISTRICT COURT,
ORLEANS PARISH, STATE OF LOUISIANA, FILED NOVEMBER 12, 1997.
AKSAMIT, ET AL. V. BROWN & WILLIAMSON TOBACCO CORPORATION, ET AL., UNITED STATES
DISTRICT COURT, SOUTH CAROLINA, FILED NOVEMBER 20, 1997.
LANGDEAU, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., TRIBAL COURT, LOWER
BRULE SIOUX TRIBE, REFILED ON NOVEMBER 25, 1997. In March 1998, plaintiffs
voluntarily dismissed the case without prejudice.
DIENNO, ET AL. V. LIGGETT GROUP, INC., ET AL., UNITED STATES DISTRICT COURT,
NEVADA, FILED DECEMBER 22, 1997.
HERRERA, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, CENTRAL DISTRICT, UTAH, FILED JANUARY 28, 1998.
JACKSON, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., UNITED STATES DISTRICT
COURT, CENTRAL DISTRICT, UTAH, FILED FEBRUARY 13, 1998.
PARSONS, ET AL. V. A C & S, INC., ET AL. CIRCUIT COURT, KANAWHA COUNTY, WEST
VIRGINIA, FILED FEBRUARY 27, 1998.
NATIONAL ASSOCIATION FOR ASSISTANCE TO CONSUMERS AND WORKERS V. SOUZA CRUZ S.A.
AND PHILIP MORRIS BRASIL S.A., THE FIFTH COURT OF BANKRUPTCIES AND
REORGANIZATIONS OF THE CAPITAL DISTRICT OF THE STATE OF RIO DE JANEIRO, BRAZIL,
FILED MARCH 16, 1998.
MENDYS, ET AL. V. LORILLARD TOBACCO COMPANY, ET AL., CIRCUIT COURT OF COOK
COUNTY, ILLINOIS, FILED MARCH 17, 1998.
DANIELS, ET AL. V. PHILIP MORRIS COMPANIES, INC., ET AL., SUPERIOR COURT OF THE
STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, FILED APRIL 2, 1998.
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CHRISTIANSON, ET AL. V. PHILIP MORRIS COMPANIES, INC., ET AL., UNITED STATES
DISTRICT COURT, NEVADA, FILED APRIL 3, 1998.
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In March 1998, counsel for plaintiffs in a pending smoking and health class
action filed a Motion for Transfer and Coordination or Consolidation before the
Judicial Panel on Multidistrict Litigation. The motion seeks to transfer and
coordinate or consolidate for pretrial proceedings more than 130 purportedly
related individual and class action smoking and health cases pending in 37
federal judicial districts.
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HEALTH CARE COST RECOVERY LITIGATION
The following lists the health care cost recovery actions pending against PM
Inc. and, in some cases, the Company and/or its other subsidiaries and
affiliates as of May 1, 1998, and describes certain developments since January
1, 1998.
MOORE V. THE AMERICAN TOBACCO COMPANY, ET AL., CHANCERY COURT, JACKSON COUNTY,
MISSISSIPPI, FILED MAY 23, 1994. The parties entered into a settlement
agreement in July 1997 (see the Company's 1997 Form 10-K).
STATE OF MINNESOTA, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., DISTRICT
COURT, RAMSEY COUNTY, MINNESOTA, FILED AUGUST 17, 1994. The parties entered into
settlement agreements in May 1998 (see Note 3. Contingencies).
MCGRAW V. THE AMERICAN TOBACCO COMPANY, ET AL., CIRCUIT COURT, KANAWHA COUNTY,
WEST VIRGINIA, FILED SEPTEMBER 20, 1994.
THE STATE OF FLORIDA, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., CIRCUIT
COURT, PALM BEACH COUNTY, FLORIDA, FILED FEBRUARY 21, 1995. The parties entered
into a settlement agreement in September 1997 (see the Company's 1997 Form
10-K). In April 1998, the court issued an order incorporating additional
provisions into the settlement agreement pursuant to its "most favored nations"
clause. Under the court's order, the settling defendants are required to pay
$50,000,000 on May 18, 1998, to the state's contingency fee counsel as an
advance on attorneys' fees to be awarded in arbitration proceedings that will
commence in November 1998. Also in April 1998, the court dismissed the
remaining equitable claims without prejudice.
COMMONWEALTH OF MASSACHUSETTS V. PHILIP MORRIS INC., ET AL., SUPERIOR COURT,
MIDDLESEX COUNTY, MASSACHUSETTS, FILED DECEMBER 19, 1995. Trial is scheduled
for February 1999.
IEYOUB V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT COURT,
WESTERN DISTRICT, LOUISIANA, FILED MARCH 13, 1996.
THE STATE OF TEXAS V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES
DISTRICT COURT, EASTERN DISTRICT, TEXAS, FILED MARCH 28, 1996. The parties
entered into a settlement agreement in January 1998 (see the Company's 1997 Form
10-K).
STATE OF MARYLAND V. PHILIP MORRIS INCORPORATED, ET AL., CIRCUIT COURT,
BALTIMORE CITY, MARYLAND, FILED MAY 1, 1996. Trial is scheduled for April 1999.
In April 1998, the Maryland legislature amended the statute governing recovery
for health care costs to permit the state to pursue claims for health care costs
without proceeding via subrogation. The statute also permits the state to use a
statistical model to prove causation and the amount of medical assistance
expenditures attributable to the use of a tobacco product. The amendment takes
effect on July 1, 1998.
5
STATE OF WASHINGTON V. THE AMERICAN TOBACCO COMPANY, ET AL., SUPERIOR COURT,
KING COUNTY, WASHINGTON, FILED JUNE 5, 1996. Trial is scheduled for September
1998.
CITY AND COUNTY OF SAN FRANCISCO, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL.,
UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, CALIFORNIA, FILED JUNE 6, 1996.
In March 1998, the court denied defendants' motion to dismiss the negligent
breach of special duty and fraud counts of the complaint, but granted the motion
to dismiss the claim for intentional breach of special duty.
STATE OF CONNECTICUT V. PHILIP MORRIS INCORPORATED, ET AL., SUPERIOR COURT,
LITCHFIELD DISTRICT, CONNECTICUT, FILED JULY 18, 1996.
COUNTY OF LOS ANGELES V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., SUPERIOR COURT,
SAN DIEGO COUNTY, CALIFORNIA, FILED AUGUST 5, 1996. Trial is scheduled for
February 1999.
HOLMES (formerly CROZIER) V. THE AMERICAN TOBACCO COMPANY, ET AL., CIRCUIT
COURT, MONTGOMERY COUNTY, ALABAMA, FILED AUGUST 8, 1996. In April 1998, the
court denied defendants' motion to dismiss in most respects, but required
plaintiffs to file an amended complaint to address certain deficiencies.
Plaintiffs subsequently filed an amended complaint that deletes their health
care cost reimbursement claims. The amended complaint seeks class certification
on behalf of two subclasses, one directed to claims concerning youth smoking and
to comprise minors and parents, and the second directed to antitrust claims and
to comprise Alabama residents who have purchased tobacco products in Alabama
during a period to be set by the court. Trial has been scheduled for April
1999.
STATE OF ARIZONA V. THE AMERICAN TOBACCO COMPANY, ET AL., SUPERIOR COURT,
MARICOPA COUNTY, ARIZONA, FILED AUGUST 20, 1996. In April 1998, the court
dismissed the state's claim for money damages under the Arizona RICO statute and
dismissed the state's claim for unjust enrichment/restitution. The court denied
defendants' motion to dismiss the state's claim for injunctive relief under
RICO. The court also changed the trial date from October 1998 to March 1999.
STATE OF KANSAS V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., DISTRICT COURT,
SHAWNEE COUNTY, KANSAS, FILED AUGUST 20, 1996.
KELLEY V. PHILIP MORRIS INCORPORATED, ET AL., CIRCUIT COURT, INGHAM COUNTY,
MICHIGAN, FILED AUGUST 21, 1996, BY THE ATTORNEY GENERAL OF MICHIGAN.
STATE OF OKLAHOMA, ET AL. V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., DISTRICT
COURT, CLEVELAND COUNTY, OKLAHOMA, FILED AUGUST 22, 1996. In January 1998, the
court denied motions by the Company and other defendant parent companies to
dismiss plaintiffs' complaint based on the court's lack of personal
jurisdiction. Trial is scheduled for November 1998.
PEOPLE OF THE STATE OF CALIFORNIA V. PHILIP MORRIS INCORPORATED, ET AL.,
SUPERIOR COURT, SAN FRANCISCO COUNTY, CALIFORNIA, FILED SEPTEMBER 5, 1996. This
action, based on state law consumer protection theories, is scheduled for trial
in March 1999. In April 1998, the court issued an order striking defendants'
equitable defenses and the defense of discriminatory prosecution.
STATE OF NEW JERSEY V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., SUPERIOR COURT,
MIDDLESEX COUNTY, NEW JERSEY, FILED SEPTEMBER 10, 1996. Trial is scheduled for
May 1999.
COYNE, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, NORTHERN DISTRICT, OHIO, FILED SEPTEMBER 17, 1996. In February 1998, the
court granted defendants' motion to dismiss this action due to plaintiffs' lack
of standing. This case had been filed by private citizens in Ohio purportedly
on behalf of the State of Ohio and all Ohio taxpayers.
6
PERRY, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., CIRCUIT COURT, COFFEE
COUNTY, TENNESSEE, FILED SEPTEMBER 30, 1996.
STATE OF UTAH V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, CENTRAL DIVISION, UTAH, FILED SEPTEMBER 30, 1996.
CITY OF NEW YORK, ET AL. V. THE TOBACCO INSTITUTE, ET AL., SUPREME COURT, NEW
YORK COUNTY, NEW YORK, FILED OCTOBER 17, 1996.
PEOPLE OF THE STATE OF ILLINOIS V. PHILIP MORRIS, INC., ET AL., CIRCUIT COURT,
COOK COUNTY, ILLINOIS, FILED NOVEMBER 12, 1996.
STATE OF IOWA V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., DISTRICT COURT, FIFTH
JUDICIAL DISTRICT, POLK COUNTY, IOWA, FILED NOVEMBER 27, 1996. In April 1998,
the Iowa Supreme Court affirmed the trial court's dismissal of plaintiff's
claims for deception, breach of assumed duty and indemnity.
COUNTY OF ERIE V. THE TOBACCO INSTITUTE, INC., ET AL., SUPREME COURT, ERIE
COUNTY, NEW YORK, FILED JANUARY 14, 1997.
STATE OF NEW YORK V. THE AMERICAN TOBACCO COMPANY, ET AL., SUPREME COURT, NEW
YORK COUNTY, NEW YORK, FILED JANUARY 21, 1997. Trial is scheduled for May 1999.
STATE OF HAWAII V. BROWN & WILLIAMSON TOBACCO CORPORATION, ET AL., CIRCUIT
COURT, FIRST CIRCUIT, HAWAII, FILED JANUARY 31, 1997. Trial is scheduled for
September 1999.
STATE OF WISCONSIN V. PHILIP MORRIS INCORPORATED, ET AL., CIRCUIT COURT, DANE
COUNTY, WISCONSIN, FILED FEBRUARY 5, 1997. In March 1998, the court granted
defendants' motion to dismiss plaintiff's claims of undertaking and failure to
perform a special duty, restitution, and violation of Wisconsin's RICO statute,
but denied the motion with respect to claims of deceptive advertising,
fraudulent, intentional and negligent misrepresentations, strict responsibility
for negligent misrepresentations, conspiracy in restraint of trade, unjust
enrichment, public nuisance, and conspiracy and concert of action. Trial is
scheduled for September 1999.
STATE OF INDIANA V. PHILIP MORRIS INCORPORATED, ET AL., SUPERIOR COURT, MARION
COUNTY, INDIANA, FILED FEBRUARY 19, 1997.
STATE OF ALASKA V. PHILIP MORRIS, INCORPORATED, ET AL., SUPERIOR COURT, FIRST
JUDICIAL DISTRICT, ALASKA, FILED APRIL 14, 1997. In April 1998, the court
granted defendants' motion to dismiss plaintiff's claims for public nuisance
(with leave to amend), unjust enrichment, restitution and breach of special
duty. Defendants' motion was denied with respect to claims for violations of
antitrust and consumer protection statutes, negligence PER SE and conspiracy.
COUNTY OF COOK V. PHILIP MORRIS, INCORPORATED, ET AL., CIRCUIT COURT, COOK
COUNTY, ILLINOIS, FILED APRIL 18, 1997.
COMMONWEALTH OF PENNSYLVANIA V. PHILIP MORRIS, INC., ET AL., COURT OF COMMON
PLEAS, PHILADELPHIA COUNTY, PENNSYLVANIA, FILED APRIL 23, 1997.
STATIONARY ENGINEERS LOCAL 39 HEALTH AND WELFARE TRUST FUND V. PHILIP MORRIS,
INC., ET AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, CALIFORNIA, FILED
APRIL 25, 1997. In February 1998, plaintiffs voluntarily dismissed without
prejudice their claims for strict liability and breach of express and implied
warranties. In May 1998, the court granted defendants' motion to dismiss with
prejudice the RICO claims, the state and federal antitrust claims, the
intentional breach of special duty claim, the unfair business practices claim,
and the restitution and unjust enrichment claim. The court dismissed without
prejudice plaintiff's claim for
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fraud and misrepresentation. The court denied defendants' motion to dismiss
plaintiff's claim for negligent breach of special duty.
STATE OF ARKANSAS V. THE AMERICAN TOBACCO COMPANY, ET AL., CHANCERY COURT, SIXTH
DIVISION, PULASKI COUNTY, ARKANSAS, FILED MAY 5, 1997.
STATE OF MONTANA V. PHILIP MORRIS, INCORPORATED, ET AL., FIRST JUDICIAL COURT,
LEWIS AND CLARK COUNTY, MONTANA, FILED MAY 5, 1997.
STATE OF OHIO V. PHILIP MORRIS, INCORPORATED, ET AL., COURT OF COMMON PLEAS,
FRANKLIN COUNTY, OHIO, FILED MAY 8, 1997.
STATE OF TENNESSEE ET AL., EX. REL. BECKOM, ET AL. V. THE AMERICAN TOBACCO
COMPANY, ET AL., UNITED STATES DISTRICT COURT, EASTERN DISTRICT, TENNESSEE,
FILED MAY 8, 1997.
STATE OF MISSOURI V. AMERICAN TOBACCO COMPANY, INC., ET AL., CIRCUIT COURT, CITY
OF ST. LOUIS, MISSOURI, FILED MAY 12, 1997.
STATE OF SOUTH CAROLINA V. BROWN & WILLIAMSON TOBACCO CORPORATION, ET AL., COURT
OF COMMON PLEAS, RICHLAND COUNTY, SOUTH CAROLINA, FILED MAY 12, 1997.
IRON WORKERS LOCAL UNION NO. 17 INSURANCE FUND, ET AL. V. PHILIP MORRIS, INC.,
ET AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, OHIO, EASTERN DIVISION,
FILED MAY 20, 1997. Trial is scheduled for February 1999.
NORTHWEST LABORERS-EMPLOYERS HEALTH AND SECURITY TRUST FUND, ET AL. V. PHILIP
MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, WESTERN DISTRICT,
WASHINGTON, FILED MAY 21, 1997. In February 1998, the court denied defendants'
motion to certify for appeal the court's earlier decision to certify a class
consisting of "all existing jointly-administrating collectively bargained-for
health and welfare trusts in Washington, and/or the trustees of such entities,
that have provided or paid for health care and/or addiction treatment costs or
services for employees or other beneficiaries."
STATE OF NEVADA V. PHILIP MORRIS, INCORPORATED, ET AL., SECOND JUDICIAL
DISTRICT, WASHOE COUNTY, NEVADA, FILED MAY 21, 1997. In April 1998, the court
granted defendants' motion to dismiss plaintiff's claims for targeting minors in
violation of the Nevada Deceptive Trade Practices Act, negligent/intentional
breach of a special duty, public nuisance, negligence, negligence PER SE, strict
products liability and breach of express or implied warranties.
UNIVERSITY OF SOUTH ALABAMA V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT, ALABAMA, FILED MAY 23, 1997.
STATE OF NEW MEXICO V. THE AMERICAN TOBACCO COMPANY, ET AL., FIRST JUDICIAL
DISTRICT COURT, SANTA FE COUNTY, NEW MEXICO, FILED MAY 27, 1997.
CITY OF BIRMINGHAM, ALABAMA, AND THE GREENE COUNTY RACING COMMISSION V. THE
AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT COURT, NORTHERN
DISTRICT, ALABAMA, FILED MAY 28, 1997. In March 1998, the court granted
defendants' motion to dismiss, but has allowed plaintiffs to amend their
complaint to pursue individual subrogation actions.
STATE OF VERMONT V. PHILIP MORRIS, INCORPORATED, ET AL., SUPERIOR COURT,
CHITTENDEN COUNTY, VERMONT, FILED MAY 29, 1997. Trial is scheduled for November
1999. In March 1998, the court denied defendants' motion to dismiss plaintiff's
claims under the Vermont Public Health Act and Consumer Fraud Act. Effective
April 23, 1998, Vermont enacted a statute permitting the state to seek recovery
from a "tobacco manufacturer" for the amount paid or likely to be paid in
Medicaid benefits for tobacco-related health
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conditions, and for punitive damages, costs, reasonable attorneys' fees, and
other relief. Among other things, the statute abrogated certain affirmative
defenses, listed elements of the state's new direct cause of action, and
authorized the use of statistical analysis to prove causation and damages. PM
Inc. and four other domestic cigarette manufacturers brought suit in federal
court in Vermont against state officials for declaratory and injunctive relief
on the grounds that enforcement of the statute would violate the United States
Constitution and federal law.
UNPINGCO, ET AL. V. THE AMERICAN TOBACCO COMPANY, INC., ET AL., UNITED STATES
DISTRICT COURT, AGANA, GUAM, FILED MAY 29, 1997. In January 1998, plaintiffs
dismissed the complaint, voluntarily and without prejudice, in return for a
tolling agreement.
CENTRAL LABORERS WELFARE FUND, ET AL. V. PHILIP MORRIS INC., ET AL., UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT, ILLINOIS, FILED MAY 30, 1997.
MASSACHUSETTS LABORERS HEALTH AND WELFARE FUND V. PHILIP MORRIS INC., ET AL.,
UNITED STATES DISTRICT COURT, MASSACHUSETTS, FILED JUNE 2, 1997.
STATE OF NEW HAMPSHIRE V. R.J. REYNOLDS TOBACCO COMPANY, ET AL., SUPERIOR COURT,
MERRIMACK COUNTY, NEW HAMPSHIRE, FILED JUNE 4, 1997.
THE LOWER BRULE SIOUX TRIBE V. THE AMERICAN TOBACCO COMPANY, ET AL., TRIBAL
COURT, LOWER BRULE SIOUX TRIBE, FILED JUNE 4, 1997.
STATE OF COLORADO V. R.J. REYNOLDS TOBACCO CO., ET AL., DISTRICT COURT, CITY AND
COUNTY OF DENVER, COLORADO, FILED JUNE 5, 1997.
STATE OF OREGON V. THE AMERICAN TOBACCO COMPANY, ET AL., CIRCUIT COURT,
MULTNOMAH COUNTY, OREGON, FILED JUNE 9, 1997. In February 1998, the court
dismissed the special duty and conspiracy counts, dismissed (with leave to
replead) the public nuisance and unjust enrichment counts, and reserved decision
on the antitrust count. The court also granted defendants' motion dismissing
the damages and restitution remedy for the statutory consumer protection and
RICO counts. In March 1998, the court dismissed without leave to amend
plaintiff's claim of breach of an assumed duty. The court dismissed with leave
to amend plaintiff's claims of unjust enrichment and public nuisance, and for
damages under various Oregon statutes. The court also denied without prejudice
defendants' motions to dismiss based on preemption and to dismiss antitrust
claims, but invited defendants to resubmit these motions at a later time. Trial
is scheduled for April 1999.
THE CROW TRIBE V. THE AMERICAN TOBACCO COMPANY, ET AL., TRIBAL COURT, CROW
TRIBE, FILED JUNE 10, 1997. In April 1998, plaintiff voluntarily dismissed the
case without prejudice.
STATE OF IDAHO V. PHILIP MORRIS, INC., ET AL., DISTRICT COURT, FOURTH JUDICIAL
DISTRICT, ADA COUNTY, IDAHO, FILED JUNE 11, 1997.
PEOPLE OF THE STATE OF CALIFORNIA V. PHILIP MORRIS, INC., ET AL., SUPERIOR
COURT, SACRAMENTO COUNTY, CALIFORNIA, FILED JUNE 12, 1997. In May 1998, the
court held that the state's reimbursement claims, which were based on a product
liability theory, were barred by a California statute, which, until amended in
1997, did not permit product liability claims to be asserted with respect to
tobacco products. The court held that the 1997 amendment of the law could not
be applied retroactively. In addition, the court held that the statute did not
permit claims that arose from pre-1987 conduct. However, the court further held
that the statute did not apply to fraud claims, and granted the state leave to
amend the complaint to assert a fraud claim. The court also dismissed without
leave to amend the state's request for punitive damages and the cause of action
alleging numerous violations of California's False Claims Act.
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HAWAII HEALTH AND WELFARE TRUST FUND FOR OPERATING ENGINEERS V. PHILIP MORRIS,
INC., ET AL., UNITED STATES DISTRICT COURT, HAWAII, FILED JUNE 13, 1997.
STATE OF MAINE V. PHILIP MORRIS, INCORPORATED, ET AL., SUPERIOR COURT, KENNEBEC
COUNTY, MAINE, FILED JUNE 17, 1997.
ROSSELLO, ET AL. V. BROWN & WILLIAMSON TOBACCO CORPORATION, ET AL., UNITED
STATES DISTRICT COURT, PUERTO RICO, FILED JUNE 17, 1997.
STATE OF RHODE ISLAND V. AMERICAN TOBACCO COMPANY, INC., ET AL., SUPERIOR COURT,
PROVIDENCE, RHODE ISLAND, FILED JUNE 17, 1997.
LABORERS LOCAL 17 HEALTH AND BENEFIT FUND, ET AL. V. PHILIP MORRIS, INC., ET
AL., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED JUNE 19,
1997. In March 1998, the court dismissed plaintiffs' antitrust, unjust
enrichment, negligence, strict liability and breach of warranty claims. The
court denied defendants' motion to dismiss plaintiffs' RICO, fraud and breach of
special duty claims.
MUSCOGEE CREEK NATION V. THE AMERICAN TOBACCO COMPANY, ET AL., DISTRICT COURT,
MUSCOGEE CREEK NATION, OKMULGEE DISTRICT, FILED JUNE 20, 1997. In February
1998, defendants' motion to dismiss on jurisdictional grounds was denied by the
court.
KENTUCKY LABORERS DISTRICT COUNCIL HEALTH AND WELFARE TRUST FUND, ET AL. V. HILL
& KNOWLTON, INC., ET AL., UNITED STATES DISTRICT COURT, WESTERN DISTRICT,
KENTUCKY, LOUISVILLE DIVISION, FILED JUNE 20, 1997.
OREGON LABORERS -- EMPLOYERS HEALTH AND WELFARE TRUST FUND, ET AL. V. PHILIP
MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, OREGON, FILED JUNE 20, 1997.
UNITED FEDERATION OF TEACHERS WELFARE FUND, ET AL. V. PHILIP MORRIS, INC., ET
AL., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED JUNE 25,
1997. In March 1998, the court granted defendants' motion to dismiss
plaintiffs' antitrust and unjust enrichment claims, but denied the motion with
respect to RICO, fraud and special duty claims.
CONNECTICUT PIPE TRADES HEALTH FUND, ET AL. V. PHILIP MORRIS, INC., ET AL.,
UNITED STATES DISTRICT COURT, CONNECTICUT, FILED JULY 1, 1997.
SEAFARERS WELFARE PLAN AND UNITED INDUSTRIAL WORKERS WELFARE PLAN V. PHILIP
MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, MARYLAND, SOUTHERN DIVISION,
FILED JULY 2, 1997. In March 1998, the court entered a stipulated order that
dismissed plaintiffs' negligence, breach of express warranty, breach of implied
warranty and strict liability claims.
LABORERS AND OPERATING ENGINEERS UTILITY AGREEMENT HEALTH AND WELFARE TRUST FUND
FOR ARIZONA V. PHILIP MORRIS INCORPORATED, ET AL., UNITED STATES DISTRICT COURT,
ARIZONA, FILED JULY 7, 1997.
WOODS, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., SUPERIOR COURT, WAKE
COUNTY, NORTH CAROLINA, FILED JULY 10, 1997. This case was voluntarily
dismissed by plaintiffs, without prejudice, in February 1998.
WEST VIRGINIA LABORERS' PENSION FUND V. PHILIP MORRIS, INC., ET AL., UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT, WEST VIRGINIA, HUNTINGTON DIVISION,
FILED JULY 11, 1997.
RHODE ISLAND LABORERS HEALTH AND WELFARE FUND V. PHILIP MORRIS INCORPORATED, ET
AL., UNITED STATES DISTRICT COURT, RHODE ISLAND, FILED JULY 20, 1997.
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EASTERN STATES HEALTH AND WELFARE FUND, ET AL. V. PHILIP MORRIS, INC., ET AL.,
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED JULY 28, 1997.
ASBESTOS WORKERS LOCAL 53 HEALTH AND WELFARE FUND, ET AL. V. PHILIP MORRIS,
INC., ET AL., UNITED STATES DISTRICT COURT, EASTERN DISTRICT, LOUISIANA, FILED
AUGUST 15, 1997.
STEAMFITTERS LOCAL UNION NO. 420 WELFARE FUND, ET AL. V. PHILIP MORRIS, INC., ET
AL., UNITED STATES DISTRICT COURT, EASTERN DISTRICT, PENNSYLVANIA, FILED AUGUST
21, 1997. In April 1998, the court granted defendants' motion to dismiss this
case.
STATE OF GEORGIA V. PHILIP MORRIS, INC., ET AL., SUPERIOR COURT, FULTON COUNTY,
GEORGIA, FILED AUGUST 29, 1997.
CONSTRUCTION LABORERS OF GREATER ST. LOUIS WELFARE FUND, ET AL. V. PHILIP
MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, EASTERN DISTRICT, MISSOURI,
FILED SEPTEMBER 2, 1997.
THE ARKANSAS CARPENTERS HEALTH & WELFARE FUND, ET AL. V. PHILIP MORRIS, INC., ET
AL., UNITED STATES DISTRICT COURT, EASTERN DISTRICT, ARKANSAS, FILED SEPTEMBER
4, 1997.
SOUTHEAST FLORIDA LABORERS DISTRICT COUNCIL HEALTH AND WELFARE TRUST FUND V.
PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT,
FLORIDA, FILED SEPTEMBER 11, 1997. In April 1998, the court granted defendants'
motion to dismiss this case.
WEST VIRGINIA--OHIO VALLEY AREA INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
WELFARE FUND V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, WEST VIRGINIA, FILED SEPTEMBER 11, 1997.
TEAMSTERS UNION NO. 142 HEALTH AND WELFARE TRUST FUND AND SHEET METAL WORKERS
LOCAL UNION NO. 20 WELFARE AND BENEFIT FUND V. PHILIP MORRIS INCORPORATED, ET
AL., CIRCUIT COURT OF ST. JOSEPH COUNTY, INDIANA, FILED SEPTEMBER 12, 1997.
CROW CREEK SIOUX TRIBE V. THE AMERICAN TOBACCO COMPANY, ET AL., TRIBAL COURT,
CROW CREEK SIOUX TRIBE, FILED SEPTEMBER 14, 1997.
OPERATING ENGINEERS LOCAL 12 HEALTH AND WELFARE TRUST V. AMERICAN TOBACCO
COMPANY, ET AL., SUPERIOR COURT OF CALIFORNIA, LOS ANGELES COUNTY, FILED
SEPTEMBER 16, 1997.
PUERTO RICAN ILGWU HEALTH & WELFARE FUND, ET AL. V. PHILIP MORRIS INC., ET AL.,
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED SEPTEMBER 17,
1997.
NEW JERSEY CARPENTERS' HEALTH FUND, ET AL. V. PHILIP MORRIS, INC., ET AL.,
UNITED STATES DISTRICT COURT, NEW JERSEY, FILED SEPTEMBER 25, 1997.
ASBESTOS WORKERS LOCAL NO. 25 WELFARE FUND AND ITS TRUSTEES, ET AL. V. PHILIP
MORRIS, INC., ET AL., CIRCUIT COURT, WAYNE COUNTY, MICHIGAN, FILED OCTOBER 2,
1997. This case was dismissed without prejudice by the court for want of
prosecution (I.E., plaintiffs' failure to timely serve the summons and
complaint) in January 1998.
NEW MEXICO AND WEST TEXAS MULTI-CRAFT HEALTH AND WELFARE TRUST FUND, ET AL. V.
PHILIP MORRIS, INC., ET AL., SECOND JUDICIAL DISTRICT COURT, BERNALILLO COUNTY,
NEW MEXICO, FILED OCTOBER 10, 1997.
GOODPASTURE, ET AL. V. AMERICAN TOBACCO COMPANY, INC., ET AL., UNITED STATES
DISTRICT COURT, KANSAS, FILED OCTOBER 15, 1997. This case was voluntarily
dismissed by plaintiffs, without prejudice, in February 1998.
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MOORE, ET AL. V. AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT COURT,
KANSAS, FILED OCTOBER 15, 1997. This case was voluntarily dismissed by
plaintiffs, without prejudice, in February 1998.
REPUBLIC OF THE MARSHALL ISLANDS V. THE AMERICAN TOBACCO COMPANY, ET AL., HIGH
COURT, REPUBLIC OF THE MARSHALL ISLANDS, FILED OCTOBER 20, 1997. Plaintiff's
motion for default judgment was denied in January 1998.
CENTRAL STATES JOINT BOARD V. PHILIP MORRIS, INC., ET AL., UNITED STATES
DISTRICT COURT, NORTHERN DISTRICT, ILLINOIS, FILED OCTOBER 20, 1997.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 734 V. PHILIP MORRIS, INC., ET
AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, ILLINOIS, FILED OCTOBER
20, 1997.
TEXAS CARPENTERS HEALTH BENEFIT FUND, ET AL. V. PHILIP MORRIS, INC., ET AL.,
UNITED STATES DISTRICT COURT, EASTERN DISTRICT, TEXAS, BEAUMONT DIVISION, FILED
OCTOBER 31, 1997.
UNITED FOOD AND COMMERCIAL WORKERS UNION AND EMPLOYERS HEALTH AND WELFARE FUND,
ET AL. V. PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, NORTHERN
DISTRICT, ALABAMA, FILED NOVEMBER 13, 1997.
B.A.C. LOCAL 32 INSURANCE TRUST FUND, ET AL. V. PHILIP MORRIS, INCORPORATED, ET
AL., UNITED STATES DISTRICT COURT, EASTERN DISTRICT, MICHIGAN, FILED NOVEMBER
14, 1997.
SCREEN ACTORS GUILD-PRODUCERS HEALTH PLAN, ET AL. V. PHILIP MORRIS, INC., ET
AL., SUPERIOR COURT, LOS ANGELES COUNTY, CALIFORNIA, FILED NOVEMBER 20, 1997.
IBEW LOCAL 25 HEALTH AND BENEFIT FUND V. PHILIP MORRIS, INC., ET AL., UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED NOVEMBER 25, 1997.
IBEW LOCAL 363 WELFARE FUND V. PHILIP MORRIS, INC., ET AL., UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED NOVEMBER 25, 1997.
LOCAL 138, 138A AND 138B INTERNATIONAL UNION OF OPERATING ENGINEERS WELFARE FUND
V. PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT,
NEW YORK, FILED NOVEMBER 25, 1997.
LOCAL 840, INTERNATIONAL BROTHERHOOD OF TEAMSTERS HEALTH AND INSURANCE FUND V.
PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT,
NEW YORK, FILED NOVEMBER 25, 1997.
LONG ISLAND REGIONAL COUNCIL OF CARPENTERS WELFARE FUND V. PHILIP MORRIS, INC.,
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED NOVEMBER 25,
1997.
DAY CARE COUNCIL - LOCAL 205 D.C. 1707 WELFARE FUND V. PHILIP MORRIS, INC., ET
AL., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED DECEMBER
8, 1997.
LOCAL 1199 HOME CARE INDUSTRY BENEFIT FUND V. PHILIP MORRIS, INC., ET AL.,
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, NEW YORK, FILED DECEMBER 8,
1997.
LOCAL 1199 NATIONAL BENEFIT FUND FOR HEALTH AND HUMAN SERVICES EMPLOYEES V.
PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT,
NEW YORK, FILED DECEMBER 8, 1997.
MASON, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, NORTHERN DISTRICT, TEXAS, FILED DECEMBER 23, 1997.
OPERATING ENGINEERS LOCAL 324 HEALTH CARE FUND, ET AL. V. PHILIP MORRIS, INC.,
ET AL., UNITED STATES DISTRICT COURT, EASTERN DISTRICT, MICHIGAN, FILED DECEMBER
30, 1997.
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CARPENTERS & JOINERS WELFARE FUND, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL.,
UNITED STATES DISTRICT COURT, MINNESOTA, FILED DECEMBER 31, 1997.
STEAMFITTERS LOCAL UNION NO. 614 HEALTH & WELFARE FUND, ET AL. V. PHILIP MORRIS,
INC., ET AL., CIRCUIT COURT, THIRTEENTH JUDICIAL DISTRICT, TENNESSEE, FILED
JANUARY 7, 1998.
WOODS, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED STATES DISTRICT
COURT, MIDDLE DISTRICT, NORTH CAROLINA, FILED FEBRUARY 13, 1998.
STATE OF SOUTH DAKOTA, ET AL. V. PHILIP MORRIS, INC., ET AL., CIRCUIT COURT,
HUGHES COUNTY, SOUTH DAKOTA, FILED FEBRUARY 19, 1998.
BELK, ET AL. V. PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT, ALABAMA, FILED FEBRUARY 20, 1998.
NATIONAL ASBESTOS WORKERS MEDICAL FUND, ET AL. V. PHILIP MORRIS INCORPORATED, ET
AL., UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, FILED
FEBRUARY 27, 1998.
MILWAUKEE CARPENTERS, ET AL. V. PHILIP MORRIS INCORPORATED, ET AL., UNITED
STATES DISTRICT COURT, EASTERN DISTRICT, WISCONSIN, FILED MARCH 4, 1998.
GROUP HEALTH PLAN, ET AL. V. PHILIP MORRIS, INC., ET AL., DISTRICT COURT, RAMSEY
COUNTY, MINNESOTA, FILED MARCH 11, 1998.
WILLIAMS & DRAKE COMPANY, ET AL. V. THE AMERICAN TOBACCO COMPANY, ET AL., UNITED
STATES DISTRICT COURT, WESTERN DISTRICT, PENNSYLVANIA, FILED MARCH 23, 1998.
MANGINI, ON BEHALF OF THE GENERAL PUBLIC OF THE STATE OF CALIFORNIA V. BROWN &
WILLIAMSON TOBACCO CORPORATION, ET AL., SUPERIOR COURT, SAN FRANCISCO COUNTY,
CALIFORNIA, FILED MARCH 26, 1998. This action alleges that defendants'
advertising violated the California Business and Professions Code, a consumer
protection statute, and seeks various forms of injunctive and monetary relief
other than reimbursement of health care expenditures.
UNITED ASSOCIATION OF PLUMBING AND PIPEFITTING INDUSTRY LOCAL 467 V. PHILIP
MORRIS INCORPORATED, ET AL., SUPERIOR COURT, SAN MATEO, CALIFORNIA, FILED MARCH
31, 1998.
UNITED ASSOCIATION LOCAL NO. 467 HEALTH AND WELFARE TRUST FUND V. PHILIP MORRIS,
INC., ET AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, CALIFORNIA, FILED
MARCH 31, 1998.
CONWED CORPORATION AND LEUCADIA, INC. V. RJ REYNOLDS TOBACCO COMPANY, ET AL.,
SECOND JUDICIAL DISTRICT COURT, RAMSEY COUNTY, MINNESOTA, FILED APRIL 10, 1998.
TEAMSTERS BENEFIT TRUST V. PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT
COURT, NORTHERN DISTRICT, CALIFORNIA, FILED APRIL 15, 1998.
UNITED ASSOCIATION LOCAL NO. 159 HEALTH AND WELFARE TRUST FUND V. PHILIP MORRIS,
INC., ET AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, CALIFORNIA, FILED
APRIL 15, 1998.
NEWSPAPER PERIODICAL DRIVERS LOCAL 921 SAN FRANCISCO NEWSPAPER AGENCY HEALTH &
WELFARE FUND V. PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT,
NORTHERN DISTRICT, CALIFORNIA, FILED APRIL 15, 1998.
UNITED ASSOCIATION LOCAL NO. 343 HEALTH AND WELFARE TRUST FUND V. PHILIP MORRIS,
INC., ET AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, CALIFORNIA, FILED
APRIL 16, 1998.
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BAY AREA AUTOMOTIVE GROUP WELFARE FUND V. PHILIP MORRIS, INC., ET AL., UNITED
STATES DISTRICT COURT, NORTHERN DISTRICT, CALIFORNIA, FILED APRIL 16, 1998.
PIPE TRADES DISTRICT COUNCIL NO. 36 HEALTH & WELFARE TRUST FUND V. PHILIP
MORRIS, INC., ET AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT,
CALIFORNIA, FILED APRIL 16, 1998.
SIGN, PICTORIAL AND DISPLAY INDUSTRY WELFARE FUND V. PHILIP MORRIS, INC., ET
AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, CALIFORNIA, FILED APRIL
16, 1998.
SAN FRANCISCO NEWSPAPER PUBLISHERS AND NORTHERN CALIFORNIA NEWSPAPER GUILD
HEALTH & WELFARE TRUST V. PHILIP MORRIS, INC., ET AL., UNITED STATES DISTRICT
COURT, NORTHERN DISTRICT, CALIFORNIA, FILED APRIL 17, 1998.
ARKANSAS BLUE CROSS AND BLUE SHIELD, ET AL. V. PHILIP MORRIS INCORPORATED, ET
AL., UNITED STATES DISTRICT COURT, NORTHERN DISTRICT, ILLINOIS, FILED APRIL 29,
1998.
BLUE CROSS AND BLUE SHIELD OF NEW JERSEY, INC., ET AL. V. PHILIP MORRIS,
INCORPORATED, ET AL., UNITED STATES DISTRICT COURT, EASTERN DISTRICT, NEW YORK,
FILED APRIL 29, 1998.
REGENCE BLUESHIELD, ET AL. V. PHILIP MORRIS, INC., ET AL., UNITED STATES
DISTRICT COURT, WESTERN DISTRICT, WASHINGTON, FILED APRIL 29, 1998.
In addition to the foregoing actions, other foreign, state and local government
entities and others, including unions, have announced they are considering
filing health care cost recovery actions.
14