From: Jim Rosenfield <[j n r] at [igc.apc.org]>
Newsgroups: talk.politics.drugs
Subject: Re: News Stories from the Drug War
Date: Tue, 05 Dec 1995 17:24:46 -0800 (PST)

RTw   11/29     Anti-tobacco lawsuits aided by deposition, lawyers
say

By Gail Appleson, Law Correspondent 

  NEW YORK, Nov 29 (Reuter) - A former tobacco executive's
deposition Wednesday in a state case against cigarette makers is
expected to supply key data for other lawsuits and criminal probes
aimed at proving the industry knows nicotine is addictive, ers
say. 
   Jeffrey Wigand, a former research chief at Brown & Williamson
Tobacco Corp., is giving court-ordered legal statements to the
Justice Department and the state of Mississippi about his former
employer's research into safer cigarettes and smoking-related
diseases. 
   Although the statements initially will be kept confidential by
a Mississippi judge, lawyers fighting the tobacco industry said
they expect the court will review the statements and then release
them to parties in related cases. 
   "Our strong belief is that the deposition will be made
available to other litigants," said Roberta Walburn, a
Minneapolis lawyer representing Minnesota and Blue Cross and Blue
Shield in their joint suit against the industry. 
   The well-heeled tobacco industry, once able to beat most
health-related suits, is now facing its greatest legal challenges
with personal injury lawyers around the country pooling resources
to bring state and individual cases. 
   For example, Mississippi and Minnesota along with Florida and
West Virginia have sued tobacco companies to recoup health care
costs of smokers. The states, some of which are represented by
the same lawyers, said in March they are sharing information. 
   In fact Wigand's lawyer, Richard Scruggs, is also advising
Mississippi. 
   Massachussets and Maryland have said they also intend to file
and Texas is considering similar action. On Tuesday, the tobacco
industry sued Massachussets and Texas to block any such action. 
   In addition, some of the same lawyers advising the states are
also involved in a huge class action in New Orleans federal court
brought on behalf of smokers who allege they are addicted to
cigarettes. 
   Personal injury lawyers said Wigand's deposition could give a
tremendous boost to the current wave of litigation against the
tobacco industry. They believe that Wigand, the highest-ranking
former tobacco executive to turn against the industry, can
provide key information about the industry's knowledge of
nicotine addiction. 
   Wigand is at the heart of a controversy that began earlier
this month when 60 Minutes decided to cut a segment in which he
criticised his former employer. CBS lawyers wanted the interview
cut because Wigand has a confidentiality agreement with Brown &
Williamson that prevents him from disclosing trade secrets and
other proprietary information. 
   Although 60 Minutes veteran Mike Wallace told viewers that the
segment was cut because CBS lawyers feared a lawsuit, he
identified neither Wigand nor Brown & Williamson. 
   However, New York's Daily News newspaper printed a transcript
of the censored portion in which Wigand accused Brown &
Williamson Chief Executive Officer Thomas Sandefur of lying when
he told Congress that nicotine is not addictive. 
   "I believe he perjured himself," Wigand was quoted as saying.
The newspaper reported that the transcript further said that
Wigand accused Sandefur of knowing that cigarettes were "a
delivery device for nicotine." 
   Brown & Williamson, the Louisville, Ky.-based maker of Kool,
Pall Mall and other brands, sued Wigand in state court there for
violating his confidentiality agreement. A Louisville judge
issued an order barring Wigand from disclosing company secrets,
but on Tuesday a Mississippi judge ordered Wigand to give the
depositions anyway. 
   Clifford Douglas, an Evanston, Ill., consultant to lawyers
fighting the tobacco industry, said he believes the depositions
will be used to support the other cases. 
   "He (Wigand) knows that they've made and marketed cigarettes
as nicotine delivery devices ... so the significance of that is
extraordinary," he said. 
   Douglas said the deposition will also aid the Justice
Department's criminal and civil investigations into whether
tobacco executives committed perjury and whether there was a
conspiracy against making safer cigarettes. 
   "He (Wigand) evidently has knowledge of the tobacco industry's
activities and motivations that go to the heart of these
investigations," Douglas said.  Copyright, 1995 Reuters Ltd.  All
rights reserved. The following news report may not be republished
or redistributed, in whole or in part, without the prior written
consent of Reuters Ltd.