Connecticut Attorney General's Office

News Release

State Wins in Defeating Tobacco Industry Effort

Tuesday, October 15, 1996

A U.S. District Court judge has rejected efforts by the tobacco industry to shift Connecticut's lawsuit against the industry to federal court, Attorney General Richard Blumenthal announced today.

U.S. District Court Judge Janet Bond Arterton, in a ruling last week, ordered that the case be heard in Connecticut state court, as Blumenthal had argued.

"Defeating this delaying tactic assures us a fair hearing in state court," Blumenthal said. "We will now move to complete collecting and preparing documents, testimony and other evidence that shows the tobacco industry's efforts to lure and addict our children."

Blumenthal filed the $1 billion lawsuit on behalf of the state on July 18 in an effort to recover Medicaid money spent on tobacco-related illnesses and to halt the aggressive marketing of tobacco products to children and teenagers.

Arterton, in her decision, said the tobacco industry's claim that the reimbursement of Medicaid expenses arises under federal law had been rejected by all four federal courts that had considered it.

"The argument merits little additional attention by this Court, and, in fact, borders on the frivolous," Arterton wrote.

The lawsuit was filed alleging violations of state laws relating to antitrust and unfair trade practices. Blumenthal said it was critical that the case be heard in state court.

"Having our day in court -- state court, not federal court -- is important because our claims are based on the law of our state, and ought to be judged by a Connecticut judge and jury," Blumenthal said.