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GROUP HEALTH PLAN, INC. v. PHILIP MORRIS USA, INC.

Nos. 02-1684, 02-1688.

344 F.3d 753 (2003)

GROUP HEALTH PLAN, INC., a nonprofit Minnesota Health Maintenance Organization; Healthpartners, Inc., a nonprofit Minnesota Health Maintenance Organization, Appellants, v. PHILIP MORRIS USA, INC.; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Company, suing as Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company, Inc.; Liggett Group, Inc.; Hill & Knowlton, Inc.; Council for Tobacco Research USA, Inc.; The Tobacco Institute, Inc.; Smokeless Tobacco Council, Inc., Appellees. Medica, a nonprofit Minnesota Health Maintenance Organization, and subsidiary of Allina Health System, Appellant, v. Philip Morris USA, Inc.; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Company, suing as Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company, Inc.; Liggett Group, Inc.; Hill & Knowlton, Inc.; Council for Tobacco Research USA, Inc.; The Tobacco Institute, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 16, 2003.

Attorney(s) appearing for the Case

Lawrence T. Hofmann, argued, Minneapolis, MN (Richard M. Hagstrom, Lewis A. Remele, Jr., Charles E. Lundberg, Gregory P. Bulinski, on the brief), for appellant.

Murray R. Garnick, argued, Washington, DC (Robert A. McCarter and J. Benjamin King, Washington, DC, Alan C. Kohn and Robert F. Murray, St. Louis, MO, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD and HANSEN, Circuit Judges, and READE, District Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

For the purposes of the summary judgment motion that we review today, several tobacco companies (Tobacco) conceded that they conspired to mislead the public as to the health risks of smoking. As the district court2 did, we consider whether three Minnesota nonprofit health maintenance organizations (HMOs) have presented sufficient evidence of causation of harm and damages to recoup certain health-care...

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