Summary Judgment Granted Against Company In Tobacco Surcharge Case

( October 19, 2026, 1:23 PM EDT) -- JEFFERSON CITY, Mo. — Concluding that health plan participants are entitled to summary judgment on all six claims, a Missouri federal judge on Oct. 16 ordered damages briefing in the class action that is part of a wave of Employee Retirement Income Security Act challenges to health plan tobacco surcharges; he noted that the plaintiffs seek a total of $47,808,402.09 on five claims and $37,647,290.50 on the other claim and that the defendant argues that the second amount would constitute improper duplicative damages....