Posted by: audreybenenati | February 26, 2010

Big Tobacco and the Historians


Last summer Robert Proctor, a Stanford professor who studies the history of tobacco, was surprised to receive court papers accusing him of witness tampering and witness intimidation, along with a subpoena for his unfinished book manuscript. Then in January he got another subpoena, this one for three years of e-mails with a colleague, and also for his computer hard drive. Attorneys for R.J. Reynolds and Philip Morris USA are trying to get him barred from testifying in a Florida court as an expert witness on behalf of a smoker with cancer who is suing the companies.

Proctor hadn’t tampered with any witnesses; all he had done was e-mail a colleague at the University of Florida asking about grad students there who were doing research for Big Tobacco’s legal defense. But he’s had to hire his own lawyers and spend days in depositions, defending himself from the charges. He told me he had recently spent "sixteen hours under oath, twelve lawyers in a room overlooking San FranciscoBay, a million dollars spent on deposing me and going after these e-mails." …The harassment of Proctor by Big Tobacco’s law firms reflects the new landscape of litigation over the health hazards of smoking. In the previous chapter of this long-running story, forty-six state attorneys general reached a master settlement of $246 billion with Big Tobacco in 1998 as compensation for states’ expenditures on cancer caused by tobacco. The next year the Clinton Justice Department filed a federal lawsuit, U.S. v. Philip Morris et al., which was decided in 2006 by Judge Gladys Kessler in federal district court in Washington. She ruled that for fifty years the tobacco companies had "lied, misrepresented and deceived the American public…about the devastating health effects of smoking." In late February both sides asked the Supreme Court to review that case….

Read the rest at http://www.thenation.com/doc/20100315/wiener

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