Two of Minnesota's largest health plans say they will file a lawsuit this week against the tobacco industry to recover costs of treating smoking-related illnesses. HealthPartners and Medica Health Plans, part of Allina Health System, said Wednesday that new evidence in Minnesota's lawsuit against the tobacco industry persuaded them to take legal action now. Meanwhile, defense attorneys at the tobacco trial have asked the judge to remove himself from the case or declare a mistrial. Tobacco attorneys say Judge Kenneth Fitzpatrick has destroyed their right to a fair trial because he's biased. State's attorneys reject the defense assertions. Minnesota Public Radio Reporter Elizabeth Stawicki reports.