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Article: Appeals Court Rules Blue Cross Insurer Cannot Sue Philip Morris USA Under New York's Deceptive Practices Law; Decision Should Invalidate 2001 Verdict.
- Article from:
- Business Wire
- Article date:
- October 19, 2004
CopyrightCOPYRIGHT 2004 Business Wire. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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NEW YORK -- The New York Court of Appeals has ruled that the state's largest medical insurer cannot use a state consumer protection law to pursue direct claims for the recovery of medical expenses from cigarette makers.
The case involved a challenge by Philip Morris USA to a $6.7 million award in favor of New York's Empire Health Choice, previously known as Blue Cross-Blue Shield. That verdict was returned by a federal jury in Brooklyn in June 2001 in a case presided over by U.S. District Judge Jack B. Weinstein. The jury also rejected claims based on racketeering and civil fraud.
"Today's ruling should result in the verdict being set aside and the ...