Archive for November, 2004

Mon AM: Webb Grills Henningfield on Addiction, Conflict of Interest and the 1988 SGR

Monday, November 29th, 2004

Philip Morris Defense attorney Dan Webb spent the early morning session asking Dr. Henningfield about his work for pharmaceutical companies on nicotine replacement therapies, most specifically about his work for Glaxo on its Nicoderm CQ gum. Webb’s questions centered around Henningfield’s potential conflict of interest as both a former Glaxo consultant and as an […]

Testimony of Jack E. Henningfield, Ph.D.

Monday, November 29th, 2004

Testimony of Jack E. Henningfield, Ph.D.
From the DOJ Witness List:
Henningfield, Jack
US Expert Witness
Dr. Henningfield received his B.A. in Psychology from the University of Minnesota in 1974 and his PhD. in Experimental Psychology in Psychopharmacology from the same school in 1977. He currently works as an Associate Professor of Behavioral Biology, Department of Psychiatry and […]

Monday PM: Henningfield slices cigarettes in court

Tuesday, November 23rd, 2004

The next witness was Jack Henningfield, PhD. He was an expert witness in psychopharmacology, specializing in work with drug and addiction therapies. He spoke about the FTC tests on light cigarettes, and confirmed that the FTC tests do not accurately measure tar and nicotine output of light or regular cigarettes. He also agreed […]

Thu PM: The Redactable Mr. Rupp

Friday, November 19th, 2004

Judge Kessler provided an extra-long lunch today, in view of the heady parade of documents, assertions and accusations which had accompanied the morning’s Interim Summations.
After lunch, there were discussions over documents to be allowed into evidence. Mr. Frederic of Philip Morris (Winston & Strawn) wanted to exclude the South China Morning Post article that linked […]

Thu AM: Webb/Bernick: Gov in Big Trouble: No Fraud Proof and ETS “Liferaft” is Sinking

Thursday, November 18th, 2004

Mr. Webb and Mr. Bernick gave the Defense’s interim summation today, both saying that government has proven nothing in the way of fraud or RICO violations. They claimed many of the government’s witnesses have backfired on them.
Mr. Bernick’s presentation, while having some strong points, also contained some eyebrow-raisers.
Mr. Bernick claimed (paraphrasing), “By 1970, in […]

Thu AM: DOJ gives Impressive Summation

Thursday, November 18th, 2004

Stephen Brody gave a clean, clear presentation of the government’s case this morning, a presentation that Judge Kessler said was, “Very useful.”
Brody based his presentation on a timeline of events, quickly showing documents that demonstrated at each period:
1. Scientific knowledge at the time
2. Industry’s consistent public and internal responses designed to denigrate that knowledge
3. […]

Wed AM: Appeal does NOT look good for DOJ

Wednesday, November 17th, 2004

In the U.S. Court of Appeals for the District of Columbia Circuit, at least one of the judges on the 3-judge panel seemed adamantly hostile to the government’s argument that in order to “prevent and restrain” future wrongdoing of the tobacco industry, the DOJ is entitled to “disgorgement.”
Judge Sentelle interrupted government lawyer Michael R. […]


Tuesday, November 16th, 2004

1. Wed: Court of Appeals
2. Thu: Interim Summation
From the DOJ:
On Wednesday, November 17th at 9:30 a.m., the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument on defendants’ appeal of the District Court’s decision denying defendants’ motion for summary judgment as to the United States’ $280 billion disgorgement claim. […]

the Philip Morris charm offensive continues

Tuesday, November 16th, 2004

Yesterday, a Philip Morris TV commercial ran during a MASH rerun on the Hallmark channel. It went like this:

Tue AM: Judith Ivey

Tuesday, November 16th, 2004

DOJ Lawyer Sharon is cross examining Judith Ivey on 2 of the DOJ’s “pillars:” Marketing to children and denying/minimizing information on the adverse health effects of smoking, in this case secondhand smoke.
A small woman with short-cropped brown/blonde hair, Ms. Ivey perched birdlike on the witness stand, alert and poised, answering questions directly and often with […]