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This past summer, Encores Fid Guru Blog published the article Two District Courts Allow Tobacco Surcharge Cases to Advance, Establishing Troubling Precedents for both Tobacco Surcharge Cases and Other ERISA Cases. In this article, we highlighted separate federal district court rulings allowing two tobacco surcharge lawsuits to survive the motion-to-dismiss, and forecasted that these rulings would lead to an increase in the number of similar tobacco surcharge lawsuits being filed