James E. Arnold Files Motion with Supreme Court
Fight for Tobacco Settlement Funds Could Save Thousands of Lives
May 5, 2010 (Columbus, OH) —Top litigators in the state of Ohio have taken up the cause to return millions of dollars in funding originally intended to educate Ohio citizens about the dangers of smoking. Nearly 400,000 Ohioans suffer from at least one illness attributed to smoking.
James E. Arnold & Associates, LPA, filed an Amici Curiae brief May 4 with the Supreme Court of Ohio, asking that it reinstate monies committed to educating Ohioans regarding the health problems caused by tobacco. This brief allows "friends of the Court" to add oral arguments to the case in support of maintaining the fund as it was intended.
"This case represents the health interest of millions of Ohioans and others intent on protecting Ohio’s children from tobacco addition," Arnold said. "Not returning these funds to the original intent will thwart the intent of the enacting General Assembly."
A total of 46 states entered into the historic Master Settlement Agreement with the tobacco companies in 1998. The following year, then-Governor Taft called for the creation of a bipartisan task force to recommend how to spend the Ohio portion of the settlement. Ohio originally received $10.1 billion and earmarked $1.2 billion for the Ohio Tobacco Use Prevention and Control Endowment Foundation, but only $330 million was transferred – less than 3.5% of the overall settlement.
The 123rd General Assembly adopted a task force’s recommendation when it approved Senate Bill 192, which included the establishment of the Foundation and the Tobacco Use Prevention and Control Endowment Fund.
The General Assembly stipulated that the funds were "not to be part of the State Treasury," which is the core of the argument currently in front of the Supreme Court.
The State, however, put those funds in the State Treasury. A trial court ruled that the fund should be dedicated to anti-smoking education, but the 10th District Court overturned the decision on appeal putting the anti-tobacco funds into the Treasury.
Arnold represents several well-known groups. On behalf of those groups, Arnold filed the brief in support of plaintiffs-applellants cause. Including The American Heart Association Great Rivers Affiliate, American Lung Association, The American Cancer Society Cancer Action Network, The Campaign for Tobacco-Free Kids, The Ohio Public Health Association and The American Medical Association.
About James E. Arnold & Associates, LPA
James E. Arnold & Associates, LPA specializes in trial practice for a diverse client base including individual, corporate and non-profit clients. In the past several years, the firm’s lawyers have obtained numerous multi- million-dollar verdicts. James E. Arnold & Associates, LPA attorneys are regularly recognized for excellence by clients and peers in national publications, including Best Lawyers in America and Super Lawyers. For more information about James E. Arnold & Associates, LPA, visit www.arnlaw.com.