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BLUE CROSS v. PHILIP MORRIS

3 N.Y.3d 200 (2004)

818 N.E.2d 1140

785 N.Y.S.2d 399

BLUE CROSS AND BLUE SHIELD OF NEW JERSEY, INC., Now Known as HORIZON HEALTHCARE SERVICES, INC., Doing Business as BLUE CROSS BLUE SHIELD OF NEW JERSEY and Others, et al., Respondents, v. PHILIP MORRIS USA INCORPORATED et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 19, 2004.

Attorney(s) appearing for the Case

Arnold & Porter, Washington, D.C. (Murray R. Garnick and David S. Eggert of counsel), for appellants.

Dewey Ballantine LLP, New York City (Paul J. Bschorr, Joseph Angland, Michael C. Hefter, Robert J. Morrow and Alexander M. Kayne of counsel), for respondent.

Herzfeld & Rubin, P.C., New York City (Michael Hoenig, Aaron D. Twerski and Miriam Skolnik of counsel), and Hugh F. Young, Jr., Reston, Virginia, for Product Liability Advisory Council, Inc., amicus curiae.

Eliot Spitzer, Attorney General, New York City (Caitlin J. Halligan, Thomas G. Conway, Robert H. Easton and Jane M. Azia of counsel), amicus curiae.

Kaye Scholer LLP, New York City (David Klingsberg, Steven Glickstein and Maris Veidemanis of counsel), for Pharmaceutical Research and Manufacturers of America, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

Plaintiff Empire Blue Cross and Blue Shield is one of several Blue Cross plans to commence this action against defendant tobacco companies alleging that defendants engaged in deceptive practices designed to mislead the public regarding the harmful and addictive properties of cigarette smoking.1

The complaint, lodged in the United States District...

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