HEALTH CARE SERVICE CORP., et al., Plaintiffs-Appellants,
v.
BROWN & WILLIAMSON TOBACCO CORP., et al., Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Submitted March 17, 2000
Decided March 28, 2000
Attorney(s) appearing for the Case
William R. Quinlan, Quinlan & Crisham, Chicago, IL, for plaintiffs-appellants.
Fred A. Smith, III, Sedgwick, Detert, Moran & Arnold, Chicago, IL, for defendant Brown & Williamson Tobacco Corporation.
Michael T. Hannafan, Hannafan & Associates, Chicago, IL, for defendant B.A.T. Industries, P.L.C.
George R. Dougherty, Gripp & Elden, Chicago, IL, for defendant Lorillard Tobacco Company, Inc.
Edward M. Crane, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for defendant U.S. Tobacco Company, Inc.
Royal B. Martin, Jr., Martin, Brown & Sullivan, Chicago, IL, for defendant Council for Tobacco Research-U.S.A., Inc.
Deborah L. Kuhn, Altheimer & Gray, Chicago, IL, for defendant Hill & Knowlton, Inc.
Michael T. Trucco, Stamos & Trucco, Chicago, IL, for defendant Smokeless Tobacco Council Inc.
Larry E. Helper, Burroughs, Helper, Broom, MacDonald & Hebrank, Edwardsville, IL, for defendant Tobacco Institute, Inc.
Harold C. Wheeler, Butler, Rubin, Saltarelli & Boyd, Chicago, IL, for defendant Liggett & Myers, Inc.
Stuart Altschuler, Winston & Strawn, Chicago, IL, for defendant Philip Morris, Inc.
Michael A. Pope, McDermott, Will & Emery, Chicago, IL, Peter J. Busch, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, for defendant R.J. Reynolds Tobacco Company.
Before EASTERBROOK, KANNE, and EVANS, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
EASTERBROOK, Circuit Judge.
We held last year, addressing suits filed by two ERISA welfare funds, plus the Blue Cross and Blue Shield associations of six states, that health insurers may not pursue direct litigation against tobacco producers. Teamsters Health and Welfare Trust Fund v. Philip Morris Inc.,196 F.3d 818 (7th Cir.1999). Insurers may recover only to the extent that they are subrogated to the rights of their insureds...
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