Archive for May, 2005

Defense Remedies Witnesses: Testimonies and Expert Reports

Monday, May 30th, 2005

WRITTEN DIRECT EXAMINATION OF DONALD B. RUBIN, Ph.D.
WRITTEN DIRECT EXAMINATION OF DANIEL R. FISCHEL
WRITTEN DIRECT EXAMINATION OF ROMAN L. WEIL, Ph.D.
Expert Report of ROMAN L. WEIL, Ph.D.
DEFENDANTS’ WRITTEN DIRECT EXAMINATION OF JANET WITTES, PH.D.
Expert Report of JANET WITTES, Ph.D.
WRITTEN DIRECT EXAMINATION OF DENNIS W. CARLTON, Ph.D.
Expert Report of DENNIS W. […]

Defense Seeks to Run Myers’ F1 Testimony off the Road

Friday, May 27th, 2005

The Joint Defense filed a strong brief Wednesday asking the Court to strike Campaign for Tobacco-Free Kids CEO Matt Myers’ F1 testimony, on the grounds that it is “back-door expert testimony” snuck in by a fact witness. As such, Defense is not able to rigorously challenge it the way it could an expert witness’ testimony.
The […]

TUE, Day 108: Rubin Slams Fiore Cessation Plan.

Wednesday, May 25th, 2005

Today DOJ lawyer Patrick Klein cross examined defense witness Dr. Donald Rubin, a Professor of statistics at Harvard and a consultant to the defense.
After a day of vague questioning and non-sequiturs by Klein, Judge Kessler summed up the overall thrust of Dr. Rubin’s testimony with the following question: Using the framework (assessing potential […]

WED, THU: DAYS 106, 107: Formula for Exposure

Tuesday, May 24th, 2005

If there is a heartthrob amongst the tobacco lawyers, you’d have to say it is Philip Morris USA’s Tom Frederick. Young enough to be a DOJ lawyer, he’s handsome, with a sturdy, college wrestler’s build. Though he has a strong widow’s peak that from the side gives him a faint resemblance to Eddie Munster, his […]

Testimonies of DOJ Remedies Witnesses

Thursday, May 19th, 2005

These witnesses, including DOJ remedy witness Dr. Cheryl Healton, testified May 10-19, 2005.

Written Direct Testimony of Jonathan Gruber, Ph.D.
Written Direct Testimony of Michael Eriksen, Sc.D.
Written Direct Testimony of Michael C. Fiore, M.D., M.P.H.
Written Direct Testimony of Matthew Myers

WED, DAY 106: The 16% Solution

Wednesday, May 18th, 2005

updated May 19, 2005, 8:53 AM
For awhile there, it seemed Philip Morris USA attorney Ted Wells was out in the country happily duck-shooting. And he seemed to have them all in a row and was picking them off one by one.
Over the course of a nearly 8-hour cross, he seemed to establish that there was […]

TUE, DAY 105: As We See It. . .

Tuesday, May 17th, 2005

JUDGE KESSLER: How many people in this country earn what Warren Buffett earns?
DR. FIORE [roughly]: Not too many.
JUDGE KESSLER: How many people in this country have assets equivalent to what Warren Buffett has?
DR. FIORE: I suspect very few
JUDGE KESSLER: Thank you, Dr. Fiore.
And thus did Judge Kessler let Philip Morris attorney Ted Wells know that […]

TUE, DAY 105: Fiore v. Wells over National Cessation Program

Tuesday, May 17th, 2005

This moring, Dr. Michael Fiore testified about to his recommended remedy to create a “comprehensive national cessation program” which would provide and promote ” barrier-free accessto cessation treatments for all Americans, regardless of geographic location, socioeconomic status, or background.”
Dr. Fiore’s program, which would cost $5.2 billion a year for 25 years (for a grand total […]

THU, DAY 104: Legacy on the Hot Seat (2)

Monday, May 16th, 2005

You had to feel for Dr. Cheryl Healton as she trudged wearily from the witness stand Thursday afternoon. She seemed to be trying to buck up after having spent a full day enduring tough questioning–and about an hour getting boxed about the ears. She’d done so well too, strongly answering Mr. Webb’s tough interrogations, the […]

THU, DAY 104: Legacy on the Hot Seat

Thursday, May 12th, 2005

The battle of wits here between American Legacy Foundation CEO and President Dr. Cheryl Healton and Philip Morris USA attorney Dan Webb has an interesting emotional component.
For example, it’s fairly well-known–and surely Mr. Webb is aware–that the American Legacy Foundation likes to refer to itself as, “Legacy,” for short. Yet Mr. Webb, with but […]