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Reassessing insurance coverage and fiduciary exposure as tobacco surcharge litigation risks grow Lockton Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results Husch Blackwell Two District Courts Allow Tobacco Surcharge Cases to Advance, Establishing Troubling Precedents for both Tobacco Surcharge Cases and Other ERISA Cases Encore Fiduciary According to the lawsuit, the plaintiff claims that tobacco using Whataburger employees were forced to pay an "unlawful" tobacco surcharge as part of their health insurance coverage bit.ly 4eQHAhN
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