On the fiduciary breach claims, the district court followed the courts in Mehlberg and Bokma in finding plaintiffs had plausibly alleged the employer acted as a fiduciary with respect to assessing and collecting the tobacco surcharge and keeping the surcharge funds for its own benefit
This is the sentence that grabbed the headlines, but many journalists largely ignored the next part of the concluding statements, which added: Variable inter-observer agreement and concomitant cigarette smoking among the marijuana-smoking cohort limits our ability to draw strong conclusions
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Never pay 2x to 4x more for a tobacco rated life insurance premium when there are life insurance companies out here that offer smokeless tobacco chewers a non-tobacco rating
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