The following update on the State
of Louisiana's case for medical recovery against the tobacco industry was
prepared by outside counsel for the the State.
Oral arguments were held on the first motions filed in
the La AG's Medicaid Tobacco Litigation. The AG prevailed on all outstanding
motions, as follows:
- Procedural Capacity: The Defendants challenged
the AG's capacity to bring the action on behalf of the state. The court
ruled that the AG did have the capacity to bring the action on behalf of
the state.
- Transfer: The Defendants moved to transfer the
case to the state capital, however, the court ruled that there was no legal
basis to transfer the case.
- Insurance: The Defendants have agreed to produce
liability policies within 30 days that may provide coverage for the AG's
claims . La has a right of direct action against the carriers thus, allowing
the AG to name the carriers as defendants in the case.
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