Health Care Service Corp. v. Brown & Williamson Tobacco Corp., 208 F.3d 579 (7th Cir. 2000)-Judge Easterbrook re-stated an earlier the finding that in the context of suits by health plans against tobacco companies; insurers may recover only to the extent they are subrogated to the rights of their insureds.  See Teamsters Health and Welfare Trust Fund v. Philip Morris Inc., 196 F.3d 818 (7th Cir. 1999).  Plaintiffs' attempt to amend their complaints in terms of subrogation was ineffective, as they merely added "'as subrogees' or an equivalent phrase."  Claims under the antitrust laws, RICO, and state consumer-fraud statutes dominated plaintiffs’ complaint.  None of which the court asserted, make sense in a subrogation action.

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