IN RE CERTIFIED QUESTION FROM U.S. DISTRICT COURT

Docket No. 118261, Calendar No. 1.

638 N.W.2d 409 (2002)

465 Mich. 537

In re CERTIFIED QUESTION FROM the U.S. DISTRICT COURT FOR the EASTERN DISTRICT OF MICHIGAN. Wayne County, Plaintiff, v. Philip Morris Incorporated, et al., Defendants, and Jennifer Granholm, Attorney General, ex rel., The State of Michigan, Intervening Defendant.

Supreme Court of Michigan.

Decided January 31, 2002.


Attorney(s) appearing for the Case

Wayne County Corporation Counsel (by Edward Ewell, Jr.) Randolph, Second Floor, Detroit, MI, Hagens, Berman L.L.P. (by Steve W. Berman and Andrew M. Volk) Seattle, WA, Norton Frickey & Associates (by Robert B. Carey) Colorado Springs, CO, and Hagens, Berman & Mitchell (by Steve W. Mitchell) Phoenix, AZ, for the plaintiff.

Honigman, Miller, Schwartz & Cohn (by Richard E. Zuckerman and Raymond M. Kethledge), Detroit, MI, and Winston & Strawn (by Dan K. Webb, Thomas J. Frederick, and Stuart Altschuler), Chicago, IL, for defendant Philip Morris Incorporated.

Clark, Hill, P.L.C. (by Jack O. Kalmink and Mary K. Kalmink) Detroit, MI, and Jones, Day, Reavis & Pogue (by Robert F. McDermott, Jr. and Paul S. Ryerson), Washington, DC, for defendant R.J. Reynolds Tobacco Company.

Foster, Swift, Collins & Smith, P.C. (by Kenneth T. Brooks and Thomas J. Byrne), Lansing, MI, and Kirkland & Ellis (by Todd A. Gale), Chicago, IL, for defendant Brown & Williamson Tobacco Corporation.

Clark, Hill, P.L.C. (by Jack O. Kalmink and Mary K. Kalmink), Detroit, MI, and Shook, Hardy & Bacon, L.L.P. (by Jeffrey S. Nelson, Richard A. Gray and Catherine M. Castelluccio), Kansas City, MO, for defendant Lorillard Tobacco Company.

Hooper, Hathaway, Price, Beuche & Wallace (by Bruce T. Wallace), Ann Arbor, MI, for defendant Council for Tobacco Research—USA, Inc.

Butzel, Long (by James G. Derian), Bloomfield Hills, MI, and Kasowitz, Benson, Torres & Friedman, L.L.P. (by Michael M. Fay and Aaron H. Marks), New York, NY, for defendant Liggett & Myers, Inc.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Robert P. Reichel and Sharon L. Feldman, Assistant Attorneys General, Lansing, MI, for the intervening defendant.


MICHAEL F. CAVANAGH, J.

The Michigan Attorney General brought suit against numerous tobacco companies, alleging claims for damages incurred in providing health care services to smokers. This suit resulted in a master settlement agreement (MSA), in which the state released its claims and its subdivisions' claims, in exchange for injunctive and monetary relief. Two years later, Wayne County filed suit against the same tobacco companies, also alleging claims for damages...

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