The suit accuses tobacco companies of intentionally trying to maintain its markets by making cigarettes appealing to children and teenagers. Minnesota is seeking to recover Medicaid costs spent on treating smoking-related illnesses. The 1994 law called the Medicaid Third-Party Liability Act strips the tobacco industry from using the legal defense that smokers assume part of the risk of cigarette smoking. This cleared the way for Governor Lawton Chiles to proceed with his lawsuit that seeks to reclaim the cost of treating Medicaid patients who have cancer, emphysema or other diseases related to tobacco use. Trial is expected to begin in August 1997 at a West Palm Beach circuit court, said Harold Lewis, the Governor's inspector general.
Experts say the Florida lawsuit is particularly strong due to the state liability law.
But the court ruled that the state would have to identify every Medicaid recipient in the lawsuit, which could complicate the state's suit. The tobacco industry had petitioned the court to block the federal lawsuit filed by Attorney General Dan Morales. The industry contends that Morales lacked the authority to sue for Medicaid reimbursement on behalf of the general public, rather than for specific clients. Judge Hart did not dismiss the petition, but delayed action on it until the federal court hears some of the case. It makes no sense whatsoever for two different courts to decide different but major issues in what should be one lawsuit.