Lawsuit by Union Trust Funds Against Tobacco Firms Dismissed
A state judge granted a request by California union trust funds to dismiss a lawsuit they had brought against Philip Morris Cos. and other tobacco companies to recover money spent treating members with smoking-related illnesses.
“The sole purpose of the request for dismissal is so we can appeal previous adverse decisions by the court,” said plaintiffs’ attorney Marie Seth Weiner.
San Diego County Superior Court Judge Ronald S. Prager dismissed the lawsuit Monday. Last month, he had barred the trust funds from using California’s unfair business practices statute to recover money in the case.
The Operating Engineers Local 12 Health & Welfare Trust Fund and other funds had filed the lawsuit, seeking class-action status on behalf of more than 100 plaintiffs in California. The plaintiffs wanted to collect hundreds of millions of dollars in profits made by the tobacco industry since 1954, and asked for injunctive relief. Trial had been scheduled to begin next January in San Diego.
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