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STATE v. PHILIP MORRIS

8 N.Y.3d 574 (2007)

869 N.E.2d 636

838 N.Y.S.2d 460

STATE OF NEW YORK et al., Appellants, v. PHILIP MORRIS INCORPORATED et al., Defendants. COMMONWEALTH BRANDS, INC., et al., Nonparty Respondents.

Court of Appeals of the State of New York.

Decided June 7, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Richard Dearing, Barbara D. Underwood and Daniel Smirlock of counsel), for appellants.

Kirkland & Ellis LLP, Chicago, Illinois and New York City (Stephen R. Patton, Peter A. Bellacosa and Douglas G. Smith of counsel), DLA Piper Rudnick Gray Cary US LLP, New York City (Alexander Shaknes of counsel), and Weil, Goshal & Manges LLP (Penny P. Reid of counsel) for Philip Morris Incorporated and others, defendants.

Howrey LLP, Washington, D.C. (Robert J. Brookhiser and Elizabeth B. McCallum of counsel), and Leader & Berkon LLP, New York City (Joseph G. Coleo and Joshua K. Leader of counsel), for nonparty respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

In 1998, the Attorneys General of 46 states (including New York) and five island territories and the Corporation Counsel of the District of Columbia signed a Master Settlement Agreement (MSA) with counsel for the largest tobacco manufacturers in the United States. The MSA was approved, as to New York State, by Supreme Court. The claims brought against the tobacco manufacturers...

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