On Wednesday, March 16, 2005, Judge Kessler issued order # 898, which sets the schedule for “remedies phase” submissions by both DOJ and Defense. The remedies phase of the trial looks as if it could well extend into May, 2005.
Text of PDF file of Order 898 follows:
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES […]
On Monday, March 14, 2005, the Joint Defense filed a motion asking for the Court to strike Dr. Max Bazerman’s testimony–in particular, that concerning the proposed remedy of corporate restructuring/executive removal. The Defense’s motion does not go much to the merits of the proposal, but objects to it on procedural grounds, ie, that it’s “far […]
RJR’s Bob McDermott began proceedings this morning by asking that Judge Kessler’s exchange with RJR scientist Michael Ogden on scientific fraud be stricken from the record. Judge Kessler refused.
DOJ attorney Gregg Schwind extensively grilled Dr. Ogden on RJR’s contract with Oak Ridge National Laboratories for the 16-City Exposure study, and the presentation of those results […]
Washington, DC., Wed., Mar 16, 2005, 7:15 PM
RJR Principal Scientist Dr. Michael Ogden is a good witness–Butler (1999) case lawyers even said his testimony on actual levels of secondhand smoke exposure was “instrumental in the outcome of the verdict.”
The Defense has apparently had a good string of witnesses recently–Dr. Bradley on the faulty use […]
Before lunch Tuesday, Judge Kessler addressed briefly Defense’s objections to DOJ’s Remedies witness list.
She seemed fairly blasé about Defense’s excitement over DOJ’s “new” remedies, including the call for removal of tobacco executives. She said her 2 orders telling the DOJ to revise their remedies in light of the appeals court ruling never “intended to limit […]
Just before lunch Tuesday, Judge Kessler warned parties that there may be some interruptions in the tobacco case. “So far you all have been incredibly lucky to get my undivided attention for 4 days a week with no interruptions.” She said she had some TROs (Temporary Restraining Orders) pending in some Guantanamo Bay cases […]
This afternoon, DOJ attorney Sharon Eubanks pointed out that though Judge Kessler had overruled a number of objections to Frederick Gulson’s testimony in her memo to Order 896, no provision had been made for unsealing his Written Direct Testimony, his live testimony and related filings.
BATCo’s Bruce Sheffler volunteered to coordinate with Ms. Eubanks on this […]
Judge Kessler overruled BATCo’s objections to the testimony of ex-In-House Wills Solicitor Frederick T. Gulson on the publicly-available portions of the Foyle Memorandum, ie, those quoted in Australia’s McCabe and Crowell decisions.
First, she based her ruling on a Crowell decision (Crowell II) that seemed to delineate the issue clearly. Crowell II said the actual parties […]
After the end of Dr. Langenfeld’s testimony early this afternoon, B&W’s David Bernick began to ask a question about the Government’s remedial remedies filing last Friday. Mr. Bernick was clearly about to ask about DOJ Witness Dr. Max Bazerman’s call for “removal of senior management” in Defendants’ companies.
Judge Kessler cut short the question, saying […]
“I found this testimony extremely challenging,” said Judge Kessler this morning about statistician/biostatistician Dr. Edwin L. Bradley’s Written Direct Testimony on ETS. “I feel as if I’ve taken the entire judges’ Berklee Seminar on Statistics in 142 pages.”
The DOJ’s David Klein wanted to have Dr. Bradley’s opinions on “biological plausibility” thrown out. Dr. Bradley […]