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Non-Tech : Philip Morris - A Stock For Wealth Or Poverty (MO) -- Ignore unavailable to you. Want to Upgrade?


To: md1derful who wrote (4033)6/24/1999 3:55:00 PM
From: Theo Karantsalis  Read Replies (1) | Respond to of 6439
 
Engle case: Burden of proof

The courtroom was relatively quiet today, and BAT attorney Richard Schneider did a fine job of delivering rebuttals to the Plaintiff's attacks. "There are two-categories that we should be concerned with, one, that the companies did all that they could, and even funded scientific research. Second, the risks of smoking are known."

The jurors appeared dumbfounded and confused, because everything that the defense attorney said was irrefutable.

He appealed to their greatest asset, that of common sense.

The key to the entire trial is the fact that the risks have been widely publicized for years. Smokers have known about the risks, and the company never conspired to commit fraud.

Perhaps the most interesting piece of evidence to be exhibited today was the, "Larsen Text," published in 1961. The Surgeon General used information from the text to conclude that cigarette smoking posed a health hazard, and thereby made the risks known.

"This is the most studied product in history," exclaimed Schneider. He's right. The evidence supplied today showing that the tobacco industry has worked hard to make safer cigarettes was quite powerful. The visual aids helped drive the point home.

If the jury focuses on the evidence, not the argument, we stand a great chance of winning.

Theo



To: md1derful who wrote (4033)6/28/1999 10:42:00 AM
From: Geoff  Respond to of 6439
 
I heard the jury in Engle is going into deliberations. The gag order is still in place, right? This will be interesting. I wish I were still in but I needed the bucks to initially fund this co. I'll be back in MO someday. Good luck all.

later,
geoff