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Iron Workers Local Union No. 17 Insurance Fund v. Philip Morris, Inc.

182 F.R.D. 512 (1998)

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Iron Workers Local Union No. 17 Insurance Fund v. Philip Morris, Inc.

United States District Court for the Northern District of Ohio

182 F.R.D. 512 (1998)

Facts

Union trust funds (plaintiffs) filed a lawsuit against Philip Morris, Inc., and other major tobacco companies (defendants) for reimbursement for payments to treat smoking-related illnesses. The funds alleged that the tobacco companies wrongfully shifted the costs of treating smoking-related illnesses and to the funds. The funds did not join as plaintiffs the union members’ employers, the individual union members, or the insurers who made the payments (absentees). The tobacco companies filed a motion to dismiss for the funds’ failure to join necessary parties under Federal Rule of Civil Procedure 19 and argued that the funds must join others who may have claims against the tobacco companies.

Rule of Law

Issue

Holding and Reasoning (Gwin, J.)

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