Archive for June, 2005

DOJ Files Remedies Request

Tuesday, June 28th, 2005

Text of DOJ [PROPOSED] FINAL JUDGMENT AND ORDER (Remedies request, 6/27/05) follows:
f/k/a PHILIP MORRIS INC., et al.,
Civil Action No. v. : 99-2496 (GK)
I. Definitions
Unless otherwise specified, the following definitions shall apply to the terms […]

Interview with Rosen attorney Mark Bower: Looking for Mr. Goodtar

Thursday, June 23rd, 2005

In an exclusive interview with, Selma Rosen’s attorney Mark R. Bower said that despite last Monday’s directed verdict for B&W/ATC, he’s “not out of the tobacco business,” and is actively looking for “perfect” cases.
He said the news item that reported Judge Ute Wolff Lally had found Mrs. Rosen was not addicted was wrong. Mr. […]

Filings Schedule Set: Last Leaves to Fall in October

Thursday, June 23rd, 2005

Below is the Deadline Timeline as it stands now, as of order 964a plus a minor change made in court June 21. Note that the last-last-last filing deadline brings us into October. Check for updates at:
June 27: Deadline for the DOJ to file “a detailed proposed Remedies Order.” (This was changed Tuesday […]

AMA Urges DOJ Supreme Court Appeal

Wednesday, June 22nd, 2005

The American Medical Association today called for the Department of Justice not to enter settlement discussions with the tobacco industry “until all appeals are exhausted up to and including appeal to the U.S. Supreme Court.” The resolution also urges the adoption of many of the DOJ tobacco team’s announced remedies in the case.
AMA […]

Kessler Bids Farewell to Courtroom Troops

Tuesday, June 21st, 2005

“I haven’t any idea when I will come to an opinion.”
And with those words from Judge Kessler on Jun 21, 2005, 11:40 AM, in a courtroom denuded of at least one large Defense table, all attorney computers, various trailing rat nests of wires and cablings, the large rough-rigged video screen (upon which documents gave up […]

Waxman/Meehan Letter on Bazerman Testimony

Monday, June 20th, 2005

June 20, 2005
H. Marshall Jarrett
Counsel for Professional Responsibility
U.S. Department of Justice
Office of Professional Responsibility
950 Pennsylvania Avenue, NW, Room 3266
Washington, DC 20530
Dear Mr. Jarrett:
We are writing to request that you investigate whether the Justice Department inappropriately pressured a key government witness to weaken his testimony in the landmark tobacco case. We ask […]

CEO Meet was a “Routine, Informal Discussion” on Advantages of Settling Case–Kessler

Monday, June 20th, 2005

Judge Kessler issued an order this afternoon denying the Washington Post’s request to attend today’s “hearing,” because,
There was no “hearing” scheduled for Monday, June 20, 2005. Rather, the Court scheduled a routine, informal discussion with the parties urging them, once again, to consider the advantages of settling this case rather than the risks of litigating […]

CUTE MEET: DOJ, Tobacco CEOs, Lawyers, Mediators Meet with Kessler

Monday, June 20th, 2005

updated Jun 21, 2005, 9:13 AM for Lewinsky reference.
In by 10, out by noon.
Technically, no reporter saw the meeting, but you could make a strongly reasonable inference that these people, who were verifiably there, took part in a meeting with Judge Kessler:
Sharon Eubanks
Stephen Brody
Philip Morris USA CEO Michael Szymanczyk
Altria Vice President and Associate General […]

No Rosen Coverage Monday, Tuesday

Monday, June 20th, 2005

I’ve gone down to DC to see about:
1. The CEO meeting with Judge Kessler Monday.
2. The exhibits hearing on Tuesday.
In the Rosen suit in Mineola, David Wallace gave a strong argument for a directed verdict in favor of ATC/B&W on several grounds Friday afternoon. Judge Lally said she would consider the matter over the weekend. […]

THU: Rumble in the Courtroom

Friday, June 17th, 2005

Updated Jun 18, 2005, 10:23 AM. Minor adjustments, edits.
Tobacco Lawyers have a tough job, one that requires both brute strength and a fair degree of subtlety. They have to be aggressive, certainly, and, in a product liability suit, it probably helps to have a mean streak–but they certainly can’t get overaggressive or display cruelty or […]