TOBACCO CONTROL LAWS

Nat'l Comm. to Preserve Social Security and Medicare v. Philip Morris USA, Inc.

Plaintiffs brought action to recover costs of treating tobacco-related illnesses of Medicare beneficiaries under the Medicare Secondary Payer Act (MSP), claiming that defendants bore primary responsibility under MSP for costs advanced by Medicare.  The Court held that plaintiffs lacked standing because "MSP does not create a qui tam action" that would allow plaintiffs to recover. The Court remanded with instructions to dismiss the case. 

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National Committee to Preserve Social Security and Medicare, et al. v. Philip Morris USA, Inc., et al., 395 Fed.Appx. 772, United States Court of Appeals, Second Circuit (2010).

  • United States
  • Oct 8, 2010
  • United States Court of Appeals, Second Circuit

Parties

Plaintiff

  • Medicare RIghts Center
  • National Committee to Preserve Social Security and Medicare
  • Sandra Emiller

Defendant

  • R.J. Reynolds Tobacco Co., individually and as successor by merger to Brown & Williamson USA, Inc.
  • Liggett Group, Inc.
  • Lorillard Tobacco Co.
  • Philip Morris USA, Inc.

Legislation Cited

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

None

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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