TOBACCO CONTROL LAWS

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.

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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

Parties

Plaintiff

  • Geneba Glover
  • James Gillins

Defendant

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

Legislation Cited

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

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.
Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

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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