Table Bluff Reservation v. Philip Morris, Inc.

Table Bluff Reservation (Wiyot Tribe) and nineteen other Indian tribes (“Tribes”) sued Philip Morris and other tobacco companies (“Tobacco Companies”) after the companies signed a settlement agreement with state and territorial governments, settling claims for, among other things, reimbursement of medical costs incurred in treating smoking-related illnesses. The Tribes contended (among other claims) that the agreement violated their tribal sovereignty, equal protection, and 42 U.S.C. § 1981 . The district court dismissed the action, holding that the Tribes did not have standing to challenge the agreement. The Tribes appeal. Because the Tribes have not demonstrated the injury in fact required for Article III standing, we affirm the district court’s dismissal of the action.

FACTS

On November 23, 1998, Philip Morris, Inc. and six other tobacco manufacturers signed a Master Settlement Agreement (“MSA”) with forty-six states, five territories, and the District of Columbia (“Settling States”). The MSA settled the Settling States’ lawsuits against the Tobacco Companies over smoking-related health care costs. See Floyd v. Thompson, 227 F.3d 1029 , 1032-33 (7th Cir.2000) (describing the…