COURT LEAVES FLORIDA TOBACCO LAW INTACT.Byline: Associated Press Associated Press: see news agency. Associated Press (AP) Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world. The Supreme Court let stand a Florida law The jurisprudence of this state offers major differences from doctrines prevailing in the United States at either the federal level or that of the various states. Homestead exemption from forced sale, the dangerous instrumentality doctrine, the right to privacy, and the Williams Monday that makes it easier to sue tobacco companies to recover Medicaid money spent treating smoking-related illnesses. The justices turned down industry arguments that the measure unlawfully seeks to ``stack the deck'' in the state's favor. Florida is one of about 20 states that have sued tobacco companies in attempts to get reimbursed for Medicaid funds Noun 1. Medicaid funds - public funds used to pay for Medicaid cash in hand, finances, funds, monetary resource, pecuniary resource - assets in the form of money spent to treat smokers. Mississippi's claim is scheduled to go to trial in June, while a trial in the Florida case is expected to begin in August. Florida's claim is aided by a law, believed to be the only one of its kind in the nation, that aims to help the state recover money from anyone believed responsible for a Medicaid patient's illness. The 1994 measure was aimed at the tobacco industry, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. those who challenged it in court - including cigarette maker Philip Morris and Associated Industries of Florida, a business group. Gov. Lawton Chiles Lawton Mainor Chiles, Jr. (April 3, 1930 – December 12, 1998) was an American politician from the U.S. state of Florida. In a career spanning four decades, Chiles, a Democrat who never lost an election, served in the Florida House of Representatives (1958-1966), the Florida said after Monday's action was announced, ``I think this is the last constitutional hurdle that big tobacco is going to try to put in our way. So I think we're getting closer to the day of tobacco justice.'' But Philip Morris lawyer Gregory G. Little noted that the action was not a ruling on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers of the law, and he said his company could renew its challenge after the trial if necessary. Even with the Florida law, ``we do not believe the state can carry its burden of proof'' to force Philip Morris to pay the Medicaid cost of treating smokers' illnesses, Little said. The tobacco industry also has sued to halt federal regulations that took effect Feb. 28 requiring stores to insist that all young people buying cigarettes show photo identification to prove they are at least 18. |
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