International Brotherhood of Teamsters, Local 734 v. Philip Morris Inc.

196 F.3d 818
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 15, 1999
DocketNos. 99-1014, 99-1197, 99-3396, 99-3397
StatusPublished
Cited by3 cases

This text of 196 F.3d 818 (International Brotherhood of Teamsters, Local 734 v. Philip Morris Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Brotherhood of Teamsters, Local 734 v. Philip Morris Inc., 196 F.3d 818 (7th Cir. 1999).

Opinion

EASTERBROOK, Circuit Judge.

States that sued tobacco companies have been promised more than $200 billion in settlement over a 25-year period. Awed by this success, health insurers (including ERISA welfare benefit funds) have filed me-too suits, contending that the tobacco producers must compensate the insurers for the costs of smokers’ health care. Defendants have been unwilling to settle these suits, however, and insurers have lost all three cases that have reached appellate courts. See Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris, Inc., [821]*821171 F.3d 912 (3d Cir.1999); Oregon Laborers-Employers Health & Welfare Trust Fund v. Philip Morris Inc., 185 F.3d 957 (9th Cir.1999); Laborers Local 17 Health & Benefit Fund v. Philip Morris, Inc., 1999 U.S.App. Lexis 19576 (2d Cir. Aug. 18, 1999). Each court held that the loss suffered by insurers is too remote from the activity of making and promoting cigarettes—for insurers do not buy cigarettes but are affected only indirectly, through reverberations from smokers’ decisions. Insurers usually may elect to litigate tort claims on behalf of their insureds, using the proceeds first to cover medical costs, but they have disdained the option. They want to recover directly from tobacco producers precisely in order to bypass the elements of subrogation actions—principally, that the insurer demonstrate the existence of a tort and the lack of any defenses to liability. By suing directly, plaintiffs seek to recover even if none of their beneficiaries could prevail in tort litigation. The three appellate decisions disapprove this maneuver and hold that insurers may recover only to the extent that they can step into the shoes of their insureds. Plaintiffs in cases that we have consolidated for consideration want us to depart from these decisions.

Welfare benefit funds usually turn heaven and earth to ensure that litigation against them proceeds in federal court. Funds appear to believe that state judges are more liberal than federal judges with other people’s money. Demonstrating consistency in this belief, the Teamsters Health and Welfare Trust Fund and the Central States Joint Board Health and Welfare Trust Fund filed suit against the cigarette manufacturers in an Illinois court. None of the tobacco manufacturers is incorporated or has a principal place of business in Illinois, so to forestall removal under the diversity jurisdiction the Funds named as defendants several local distributors. Defendants removed the suit anyway, contending that the distributors should be ignored because they are not realistically exposed to liability. See Poulos v. Naas Foods, Inc., 959 F.2d 69 (7th Cir.1992). The Funds submit that the manufacturers collusively suppressed research into the health effects of tobacco, lied to the public about these effects, and conspired to suppress the output (and increase the price) of safer cigarettes. District Judge Manning concluded that the distributors’ presence is an instance of fraudulent joinder, that the claim comes within the federal court’s original jurisdiction, see 28 U.S.C. § 1332(a), and therefore that it was properly removed under 28 U.S.C. § 1441. 1998 U.S. Dist. Lexis 6831. She added that the complaint also alleges claims under federal law, so that § 1331 likewise supplies original jurisdiction. Judge Manning then dismissed the complaint under Fed.R.Civ.P. 12(b)(6), ruling that all of the Funds’ alleged injuries are too remote from the manufacturers’ supposed wrongdoing.

While the Funds were trying to avoid federal court, several health insurers were eagerly seeking it out. The Blue Cross and Blue Shield associations of Arkansas, Connecticut, Illinois, Kentucky, Missouri, and North Dakota, joined by affiliated insurers (collectively “the Blues”), filed suit in the Northern District of Illinois under § 1 of the Sherman Antitrust Act, 15 U.S.C. § 1, and the Racketeer Influenced and Corrupt Organizations Act (Moo), 18 U.S.C. §§ 1961-68. Why federal court in Illinois as the venue for litigation against the tobacco industry? The answer appears to be Blue Cross & Blue Shield United of Wisconsin v. Marshfield Clinic, 65 F.3d 1406 (7th Cir.1995), which the Blues read as holding that they are entitled to sue directly for wrongs done to their insureds. This suit was assigned to District Judge Bucklo, who shares the Blues’ understanding of Marshfield Clinic and denied the cigarette manufacturers’ motions to dismiss. 47 F.Supp.2d 936. Judge Bucklo concluded that the issue is debatable, however, and certified the issue for interlocutory appeal under 28 U.S.C. § 1292(b) so that we could resolve the [822]*822question. 1999 U.S. Dist. Lexis 12096. A motions panel accepted the appeals and consolidated the Blues’ suit with the Funds’ for appellate resolution. Although the rationale for certification was the desirability of obtaining a prompt answer to the question whether Marshfield Clinic commits this circuit to a position at variance with the other courts of appeals, our authority extends beyond this subject: we review the order, not the issue. Yamaha Motor Corp. v. Calhoun, 516 U.S. 199, 204-05, 116 S.Ct. 619, 133 L.Ed.2d 578 (1996); Edwardsville National Bank & Trust Co. v. Marion Laboratories, Inc., 808 F.2d 648, 650-51 (7th Cir.1987). Thus both sides have briefed the appeals on the assumption that we will decide whether the Blues’ complaint should be dismissed outright for failure to state a claim on which relief may be granted.

Federal jurisdiction is the first order of business, but discussion does not take long. Because the Funds’ complaint explicitly invokes federal law, their suit “arises under” federal law for purposes of § 1331 and therefore was properly removed under § 1441. For example, ¶ 261 of the lengthy complaint asserts that “[u]n-less enjoined from doing so, Defendants will continue to engage in a contract, combination, or conspiracy in violation of 15 U.S.C. § 1”. Paragraph 8 of the complaint asserts that the claim arises under “federal and state laws, including civil rico”. The reference to federal law and rico is telling. So defendants were entitled to remove— and this without any need for us to consider either fraudulent joinder or the complex question whether a claim of this nature by an erisa welfare benefit fund arises under erisa itself. Cf. Health Cost Controls of Illinois, Inc. v. Washington, 187 F.3d 703 (7th Cir.1999).

Because three other appellate courts have issued comprehensive opinions on the merits of plaintiffs’ claims, we just hit the highlights, mentioning only our principal reasons for agreeing with these decisions.

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196 F.3d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-brotherhood-of-teamsters-local-734-v-philip-morris-inc-ca7-1999.