The Second Circuit has reinstated a lawsuit arguing that the multistate tobacco settlement violates federal antitrust law. When the settlement was announced, my entrepreneurial side thought about starting a new cigarette brand called “Death Sticks,” and, when states tried to force my company to pay into a fund for the health problems caused by my unworthy competitors’ cigarettes, to sue the heck out them, for both antitrust and constitutional violations. Maybe I should have.
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