TOBACCO CONTROL LAWS

Bolivia v. Philip Morris

Bolivia sought to recover from numerous tobacco companies the health care costs of treating residents who suffered from tobacco-related illnesses.  The Court transferred the case from Texas to the District of Columbia, noting that this was one of six cases filed by countries around the world in jurisdictions across the U.S.  The Court suggested that the Texas district had no discernible nexus with the case, whereas transfer to the District of Columbia would allow for the cases to be consolidated.  No substantive issues were addressed.

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Republic of Bolivia v. Philip Morris Companies, Inc., et al., 39 F. Supp. 2d 1009 (S.D.Tex. 1999).

  • United States
  • Mar 1, 1999
  • United States District Court for the Southern District of Texas, Galveston Division

Parties

Plaintiff Republic of Bolivia

Defendant

  • Brooke Group Ltd.
  • Brown & Williamson Tobacco Corporation
  • Liggett Group Inc.
  • Loews Corporation
  • Lorillard Tobacco Co.
  • Philip Morris Companies, Inc.
  • R.J. Reynolds Tobacco Company
  • RJR Nabisco Holdings

Legislation Cited

28 U.S.C. sec. 1404(a)

Related Documents

None

Type of Litigation

Health Care Cost Recovery
Governments or insurance agencies may seek reimbursement from the tobacco companies for health care costs related to tobacco. The most famous example is the case brought by individual states in the U.S.A. that resulted in the Master Settlement Agreement.

Tobacco Control Topics

Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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