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Thursday, September 04, 2008

Court : N.M. Subject to Arbitration in Tobacco Payment Dispute


Associated Press
      SANTA FE — New Mexico is subject to nationwide arbitration in a dispute over whether tobacco companies can reduce their payments to states under a 1998 settlement with the industry, the state Court of Appeals ruled Wednesday.
    The decision was a setback for New Mexico which had wanted a state judge to decide the matter or have it arbitrated in the state.
    The Court of Appeals concluded that the tobacco settlement required the payment dispute to be handled by a single, nationwide arbitration panel, which is to be made up of three former federal judges.
    Tobacco companies contend they were entitled to reduce their payments to states for 2003 because of a loss of market share and they sought arbitration for their claims. New Mexico and other states fought the arbitration attempt.
    The Court of Appeals said "courts that have considered this issue in nearly all 50 states have reached the same result" in ordering arbitration.
    New Mexico has the option of asking the state Supreme Court to review the decision.

Copyright ©2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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