Subject:     Status of my appeal of our tobacco settlement petition
Date:         Thu, 29 Apr 1999

http://www.phillynews.com/inquirer/99/Apr/29/city/TOBA29.htm

The Philadelphia Inquirer, April 29, 1999
Allegheny County ends tobacco appeal

Now only one appeal blocks Pennsylvania's final approval of the $11.3 billion settlement.

By Glen Justice
INQUIRER HARRISBURG BUREAU

HARRISBURG -- A major impediment to Pennsylvania's final approval of the nationwide tobacco settlement evaporated this week when Allegheny County withdrew its appeal in Commonwealth Court.

County and state officials said they reached an agreement that would give Allegheny officials a voice in determining how the money would be distributed later this year.

"They needed to become confident that we would talk to them and treat them fairly," said Secretary of Administration Tom Paese in a phone interview this week.

The announcement left only one appeal pending out of eight that had been filed after a Philadelphia judge approved the settlement earlier this year.

That one was filed by Robert Sklaroff, a Philadelphia oncologist, who is seeking to protect his right to sue the tobacco companies. He has said he fears that right would be jeopardized by the settlement.

Pennsylvania's approval cannot be completed until all the appeals are exhausted. Final approval nationwide depends on the outcome of appeals in seven other states by June of next year.

The $206 billion deal between 46 states and the nation's largest tobacco companies will bring $11.3 billion into Pennsylvania over 25 years. The money will compensate the plaintiff states, along with five U.S. territories and Washington, D.C., for government money spent on treating smoking-related illnesses. Local government fficials, however, have voiced concerns about how that money will be allocated, saying their communities have also spent money treating smokers.

Philadelphia chose to negotiate with the state for its share, but Allegheny decided to litigate. County officials filed suit against the tobacco companies and an appeal against the settlement earlier this year.

Under the agreement signed this week, Allegheny officials will get the chance to make their case for compensation, though no dollar figure was mentioned.

"Mission accomplished," said Allegheny Solicitor Kerry Fraas. "There's no need to pursue it any further."

The tobacco-company suit also will be dropped.

Meanwhile, the process of how to spend the money creeps forward as the Ridge administration continues work on a plan for the legislature. The money will not be added to the 1999-2000 state budget tabbed for approval because the payments depend on nationwide approval.

"The legislature won't deal with it until the fall," Paese said. "We have time to be deliberate."