State of Tennessee v. Brown & Williamson Tobacco Corporation v. Gregory Bennett Perry and Steve…

Summary

The Tennessee Supreme Court affirmed the denial of intervention by both groups and the dismissal of the Perry intervenors’ declaratory judgment action. It held that the proposed intervenors lacked a substantial legal interest in the State’s settlement because any effect of the settlement’s release provisions on their private claims was contingent on a future defense, which could be litigated in their own actions. The court also held that the Beckom attorneys had no claim to settlement-funded fees because they neither represented the State nor qualified under the settlement, and equitable theories could not overcome the American Rule.