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Judge dismisses multimillion-dollar lawsuit

The Associated Press
08/06/98 3:30 AM Eastern

PORTLAND, Ore. (AP) -- A federal judge has dismissed a multimillion-dollar lawsuit filed by Oregon union trust funds against tobacco companies.

In a decision revealed Wednesday, U.S. District Judge Malcolm F. Marsh ruled that individual union smokers could sue tobacco companies to recoup the cost of treating smoking-related injuries but that union trust funds could not.

"The lawsuit details an allegedly sordid history of irresponsible corporate management and unchecked greed on the part of the tobacco industry," Marsh wrote. "However compelling these charges may be, there are very sound judicial policy reasons for limiting legal actions to those parties most directly injured by the harmful conduct."

Oregon Attorney General Hardy Myers is one of about 40 state attorneys general who have sued tobacco companies in an attempt to recoup state medical costs for treating smoking-related injuries.

Marsh said states are different from unions "given the state's unique role relative to the protection of its citizens."

Steve Larson, an attorney representing the union trust funds, did not return a call seeking comment.

John W. Phillips, a Seattle lawyer for Philip Morris Inc., said there were 40 to 60 union trust fund lawsuits against tobacco companies throughout the country.

There have been eight decisions -- four dismissals, including Marsh's, and four other decisions largely favorable to tobacco companies.

But tobacco companies have agreed to pay billions of dollars in settlements with four states that filed lawsuits -- Minnesota, Florida, Texas and Mississippi.

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