2nd Circ. Dismisses Big Tobacco Medicare Suit

Law360, New York (October 11, 2010, 5:16 PM EDT) -- A federal appeals court has vacated the dismissal of a suit against Philip Morris USA Inc. and other tobacco companies seeking to recover tax money spent on the treatment of Medicare patients’ tobacco-related illnesses — but only so the suit could be tossed for a different reason.

The U.S. Court of Appeals for the Second Circuit on Friday concluded that the suit brought under the Medicare Secondary Payer Act by two taxpayer advocacy groups and a Medicare recipient diagnosed with lung cancer should be dismissed for...
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