TYLER v. DOUGLAS

Docket No. 00-7839.

280 F.3d 116 (2001)

Lawrence TYLER, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. James H. DOUGLAS, Tobacco Settlement Escrow Agent, in his official capacity, William H. Sorrell, Attorney General of Vermont, in his official capacity, Eileen Elliot, Commissioner, Vermont Department of Social Welfare, in her official capacity and Lori Collins, Third Party Liability Supervisor, Vermont Department of Social Welfare, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 16, 2001.


Attorney(s) appearing for the Case

Antonio Ponvert III, Koskoff Koskoff & Bieder, P.C., Bridgeport, Conn. (Michael E. Cassidy, Richard T. Cassidy, Hoff, Curtis, Pacht, Cassidy & Frame, P.C., Burlington, Vt., on the brief), for plaintiffs-appellants.

Joseph L. Winn, Asst. Atty. Gen., Montpelier, Vt. (Donelle Staley, Julie Brill, Asst. Atty. Gen., Montpelier, Vt., on the brief), for defendants-appellees.

(Frankie Sue Del Papa, Atty. Gen., Reno, Nev., John Albrecht, Senior Dep. Atty. Gen., Reno, Nev., submitted a brief, in support of defendants-appellees, for amici curiae the States of Nevada, et al.).

Before: NEWMAN and CABRANES, Circuit Judges, and THOMPSON, District Judge.


THOMPSON, District Judge.

In July 1998, the State of Vermont filed a lawsuit against manufacturers of tobacco products, seeking reimbursement of Medicaid expenditures made by the State for tobacco-related health conditions. Vermont had filed a separate lawsuit asserting other claims in May 1997, and in November 1998, Vermont settled all of its litigation against the tobacco manufacturers pursuant to a Master Settlement Agreement. The claims of over 40 other states...

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