Unions' Tobacco Lawsuit Dismissed

WEST PALM BEACH, Fla. (AP) -- A federal judge has dismissed a lawsuit brought by labor unions that accused tobacco companies of targeting blue-collar workers, saying the industry has become a political " whipping boy."

Cigarette makers plan to use the decision, issued Monday but publicized by tobacco companies Wednesday, to fight at least 40 similar suits nationwide.

Three local labor unions had charged the tobacco companies with racketeering and conspiring to mislead the public about the health risks of smoking. They were seeking reimbursement for costs to health care funds spent on treating smoking-related illnesses.

But U.S. District Judge Kenneth Ryskamp said the unions' claims were too remote to even meet the " exceedingly low" threshold to survive cigarette maker' s request for a dismissal.

" The tobacco industry has, as of late, become the whipping boy of American political discourse, " Ryskamp wrote.

" The fact that the tobacco industry has recently become very unpopular, however, is insufficient ground for this court to overturn well-established common law rules."

The lawsuit sought to become a class action representing all labor union health care funds in Florida.

At least 40 similar lawsuits have been filed nationwide; this was the first to be completely dismissed, said Steve Krigbaum, an attorney for Philip Morris. There are motions to dismiss already pending in about 18 of those cases.

" This decision is going to be a persuasive authority presented to judges for their consideration in all of the other cases, " Krigbaum said Wednesday.

John Broaddus, a partner in a Washington firm which has filed most of the union cases, said he could not comment because he had not seen the ruling.

Attorneys for the Southeast Florida Laborers District Counsel Health and Welfare Trust Fund, the main plaintiff, had hoped the federal judge would extend the 1994 Florida law allowing the state to sue the industry to recover smoking-related Medicaid costs to cover the local union as well.

Florida used the law to help win a $11 billion settlement from the tobacco industry in August.

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