Glover v. Liggett Group

The plaintiffs filed an action against two tobacco companies under the Medicare Secondary Payer statute (MSP) seeking recovery for expenses paid by Medicare to cover healthcare services for individuals who suffered from conditions "'attributable to cigarette smoking."  The plaintiffs argued that exposing these individuals to the "addictive properties of nicotine without [their] consent" constituted battery.  The Court held that an alleged tortfeasor's responsibility for medical costs paid by Medicare must be established before a private suit for recovery can be brought.  Because the defendants had not been found liable, the Court affirmed the lower court's dismissal for failure to state a claim.


Glover, et al. v. Liggett Group, Inc., et al., 449 F. Supp. 2d 992, United States Court of Appeals, Eleventh Circuit (2006).

  • United States
  • Aug 14, 2006
  • United States Court of Appeals, Eleventh Circuit



  • Geneba Glover
  • James Gillins


  • Liggett Group, Inc.
  • Philip Morris USA, Inc.

Legislation Cited

Medicare Secondary Payer statute, 42 U.S.C. ยง 1395y(b)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product