Archive for January, 2005

“Jones/Day” Is Admitted

Tuesday, January 25th, 2005

Judge Kessler allowed the disputed “Jones Day” document in as an exhibit today.
(US Exhibit # 21,020:
She allowed it for two reasons:
1. It is a Bliley document, and Judge Kessler’s previous order # 149 held that, because of the Defendants’ “minimal” attempts to maintain privilege over the documents they released to Congress on April 6, […]

What a Difference “Jones/Day” Makes

Tuesday, January 25th, 2005

A battle is being waged over the admittance of the 449-page “Jones/Day” document ( The DOJ wants to ask Mr. Schindler about it, but for some reason RJR attorney Jonathan Redgrave became uncharacteristically heated in his attempt to shut down the DOJ’s request.
DOJ attorney Joel Schwartz, who some may recall has had his own troubles […]


Monday, January 24th, 2005

“I note with some horror,” Judge Kessler said at the start of court last Thursday, “that we are on the 50th day of trial.”
The DOJ was scheduled to wind up its case-in-chief by the end of February.
However, in large part because of the pending Court of Appeals ruling on disgorgement, the DOJ filed a motion […]

Testimony of Michael Eriksen, Sc.D.

Monday, January 24th, 2005

Testimony of Michael Eriksen, Sc.D.
From the DOJ Witness List:
Michael Eriksen, Sc.D., is expected to offer expert testimony based upon: (1) his expertise in public health, youth smoking behavior, and tobacco use generally, including professional experience, education, training, teaching and research as set forth in his expert report, and to the extent described further at the […]

Next Up: Steven Parrish, Senior Vice President of Corporate Affairs for Altria Group

Monday, January 24th, 2005

Mr. Parrish is expected to be available at 1PM tomorrow, Tuesday. When he actually takes the stand will depend on how much longer Ms. Eubanks’ questioning will continue, as well as Mr. McDermott’s cross.
Parrish, Steven
US Fact Witness
Mr. Parrish worked as an attorney at the law firm of Shook, Hardy, Bacon for 15 years before […]

WED PM: Schindler Refuses To Say Smoking Causes Disease

Monday, January 24th, 2005

[paraphrased, yes, but close:]
JUDGE KESSLER: Is it your testimony that if you were responding to that bereaved gentleman you would have said that smoking caused disease?
Mr. Schindler: I believe in this letter and the one sent to schoolkids, I would have said cigarettes have significant health risks.
JUDGE KESSLER: Would you have said cause disease?
MR. […]

MON AM: Schindler on RJR’s obligations on public awareness

Monday, January 24th, 2005

Q: In your position at the head of Reynolds, you have always maintained it is your duty to make sure the public is aware of the risks or harms that smoking cigarettes poses?
A: Yes, and we fulfill that by complying with the requirements of federal law and putting the congressionally-mandated warnings on every package of […]

WED: Of Websitens and Health Information

Monday, January 24th, 2005

Philip Morris’ website was the object of much discussion in Ted Wells’ redirect of Philip Morris general counsel Denise Keane Wednesday.
Ms. Keane was put in charge of the website by then-CEO Geoffrey Bible, and Mr. Wells asked Ms. Keane questions on how the information was presented–ie, concise, one-page summations with links to further information, often […]

Next Up: Andrew Schindler, Reynolds American Executive Chairman

Sunday, January 23rd, 2005

Schindler, Andrew
US Fact Witness
Mr. Schindler is Chairman and Chief Executive Officer of R. J. Reynolds Tobacco Company. He is also Chairman, President and Chief Executive Officer of R.J. Reynolds Tobacco Holdings, Inc., the parent company of R.J. Reynolds Tobacco Company. He has held those positions since 1995. Prior to that, he held the following positions […]

WED AM: Philip Morris’ Keane Labels own Statements “Preposterous”

Wednesday, January 19th, 2005

DOJ attorney Andrew Goldfarb this morning seemed to score heavily with his questions to Denise Keane, Senior Vice President and General Counsel of Philip Morris USA Inc. In her previous (2002) deposition, she appeared to claim Philip Morris had never disputed the public health community on issues of smoking and health. Ms. Keane today claimed […]