NAT. ASBESTOS WORKERS MED. FUND v. PHILIP MORRIS

No. 98 CV 1492.

23 F.Supp.2d 321 (1998)

The NATIONAL ASBESTOS WORKERS MEDICAL FUND, et al., Plaintiffs, v. PHILIP MORRIS INC., et al., Defendants.

United States District Court, E.D. New York.

October 19, 1998.


Attorney(s) appearing for the Case

Law Office of Peter G. Angelos, P.C. by H. Russell Smouse, E. David Hoskins, Kenneth D. Pack, Baltimore, MD, O'Donoghue & O'Donoghue by Sally M. Tedrow, Washington, D.C., Howell, Gately, Whitney & Carter, LLP by H. Thomas Howell, Towson, MD, for the plaintiffs.

Kirkland & Ellis by Kenneth N. Bass, Jennifer G. Gardner, Washington, DC, for defendants Brown & Williamson Tobacco Corp. (individually and as successor by merger to The American Tobacco Co.), Fortune Brands, Inc. (formerly American Brands, Inc.), and Batus Holdings, Inc.

Wachtell, Lipton, Rosen & Katz by Steven M. Barna, New York City, for defendant Philip Morris, Inc.

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel by Alan Mansfield, New York City, for defendants Lorillard Tobacco Co., Lorillard, Inc., and Loews Corp.

Debevoise & Plimpton by Harry Zirlin, New York City, for defendant Council for Tobacco Research, U.S.A., Inc.

Riker, Danzig, Scherer, Hyland & Perretti, LLP, Morristown, NJ, for defendants R.J. Reynolds Tobacco Co., and RJR Nabisco, Inc.

Davis & Gilbert LLP, New York City, for defendant Hill & Knowlton, Inc.

Seward & Kissel, New York City, for defendant The Tobacco Institute, Inc.


MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

Plaintiffs are eight self-insured, multi-employer health and welfare trust funds (the "trusts"), and a purported class of approximately 4,000 similarly situated trusts. They provide health care benefits to union workers in the building trades. The trusts were established pursuant to the Labor Management Relations Act, 29 U.S.C. § 186 (1994). They are regulated by the Employee Retirement Income...

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