U. S. A. vs Philip Morris et al.
Collected from various sites
Posted January 11, 2006
email: Probative Production

Written Direct Examination of Defendant Witnesses

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Defendant Witness Link
Defendant Witness Link
Defendant Expert Testimony in USDOJ v PM et al

Downloaded from Philip Morris

Anthony Albino, Ph.D. (Vector Tobacco) Written Direct Examination   Harmon McAllister, Ph.D. (CTR) Direct Examination
Scott Appleton, Ph.D. (BW, RJR, PM) Written Direct Examination   Michael Wayne Ogden (RJR) Written Direct Examination
Lynn J. Beasley (RJR) Written Direct Examination   Graham Read (BATCO) Written Direct Examination
David Raye Beran (PM) Written Direct Testimony   Peter P. Rowell, Ph.D. (Pharmacology) Written Direct Examination
Edwin Luther Bradley, Ph.D. (ETS) Written Direct Examination   Donald B. Rubin, Ph.D. (Statistician) Written Direct Examination
Dennis William Carlton, Ph.D. (Economist) Written Direct Examination   Richard J. Semenik, Ph.D. Vol. 1 (Marketing) Written Direct Examination
Dennis Dietz (Toxicology LM) Written Direct Examination   Richard J. Semenik, Ph.D. Vol. 2 Written Direct Examination
Michael Dixon (BATCO) Written Direct Examination   Michael E. Szymanczyk (PM President) Written Direct Testimony
Daniel Robert Fischel (Economist) Written Direct Examination   David E. Townsend (RJR Chemist) Written Direct Examination
James J. Heckman (Economist) Written Direct Examination   W. Kip Viscusi (Risk assessment) Written Direct Examination
James A. Langenfeld (Economist, FTC) Written Direct Examination   Warren E. Wecker, Ph.D. (Statistician) Written Direct Examination
Bennet S. LeBow (LM, Vector) Written Direct Examination   Roman L. Weil, Ph.D. (Accounting) Written Direct Examination
Victor Lindsley (Lorillard Advertising) Written Direct Examination   Howard A. Willard III (PM) Written Direct Examination


  Janet Wittes, Ph.D. (Advertising) Written Direct Examination

Written Direct Examination of Plaintiff Witnesses

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Plaintiff Witness Link
Plaintiff Witness Link
Plaintiff Expert Testimony

Downloaded from Tobacco On Trial
Max Hal Bazerman, Ph.D. (Business behavior) Written Direct Examination
Robert Earl Northrip, Esq. (SHB) Written Direct Examination
Neal Benowitz, M.D. (Toxicology) Written Direct Examination
Ira S. Ockene, M.D. (Cardiology) Written Direct Examination
Anthony Biglan. Ph.D. (Youth psychology) Written Direct Examination
Lorraine Pollice (CTR) Written Direct Examination
Allan M. Brandt, Ph.D. (History) Written Direct Examination
Jonathan M. Samet, M.D. (Epidemiology) Written Direct Examination
David M. Burns, M.D.(Pulmonology) Written Direct Examination
Jonathan M. Samet, M.D. (Volume 2) Written Direct Examination
Richard H. Carmona, M.D. (U.S. Surgeon General) Written Direct Examination
Reginald B. Simmons (HBI TobInst consultant) Written Direct Examination
Victor J. DeNoble, Ph.D. (PM) Written Direct Examination
Paul Slovik, Ph.D. (Risk assessment) Written Direct Examination
Robert J. Dolan, Ph.D. (Marketing) Written Direct Examination
Arthur Stevens, Esq. (Lorillard) Written Direct Examination
Michael Eriksen, Sc.D. (Youth) Written Direct Examination
Michael E. Szymanczyk (PM Revised) Written Direct Examination
William A. Farone (PM Chemist) Written Direct Examination
Michael L. Watkins, Ph.D. (PM Project Beta) Written Direct Examination
Michael C. Fiore, M.D. (Cessation) Written Direct Examination
Neil Weinstein, Ph.D. (Risk perception) Written Direct Examination
Jonathan Gruber, Ph.D. (Managed care) Written Direct Examination
Michael Weitzman, M.D. (Pediatrics) Written Direct Examination
Frederick T. Gulson (Wills Australia) Written Direct Examination
John St. Vincent Welch (Tob Institute Australia) Written Direct Examination
Jeffrey E. Harris, M.D. (Economist) Written Direct Examination
Jeffrey Wigand, Ph.D. (B&W) Written Direct Examination
Cheryl G. Healton (American Legacy Foundation) Written Direct Examination
Gregory A. Wulchin (HBI) Written Direct Examination
Jack E. Henningfield, Ph.D. (Nicotine) Written Direct Examination
Timothy Wyant, Ph.D. (Biostatistics) Written Direct Examination
David A. Kessler, M.D. (FDA) Written Direct Examination


Dean Krugman, Ph.D. (Marketing) Written Direct Examination


Paul C. Mele, Ph.D. (PM) nicotine Written Direct Examination


Matthew L. Myers (Tobacco Free Kids) Written Direct Examination



Expert reports; Plaintiff witnesses

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Plaintiff witness Link
Plaintiff witness Link
Plaintiff Expert Reports

Downloaded from Tobacco On Trial
Max H. Bazerman, Ph.D. Report
Frank J. Chaloupka IV, Ph.D. (Economics) Report
Neal L. Benowitz, M.D. Report
Franklin M. Fisher, Ph.D. (Economist) Report
Anthony Bignan, Ph.D. Report
Leonard S. Miller, Ph.D., Timothy Wyant, Ph.D., Scott L. Zeger, Ph.D. Report
Paul N. Bloom, Ph.D. (Marketing) Report
Robert N. Proctor, Ph.D. Report
Paul A. Bunn, Jr., M.D. (Epidemiology) Report
Jonathan M. Samet, M.D. Report


Date Document/Link
Date Document/Link
USDOJ Filings
September 22, 1999 Complaint for damages and injunctive and declaratory relief
July 1, 2004 United States' final proposed findings of fact
September, 1999 Appendix to Complaint
August 16, 2004 United States' factual memorandum
February 28, 2001 First amended complaint for damages and injunctive and declaratory relief
February 4, 2005 Appendix to the petition for a writ of certiorari; U.S. Supreme Court, Opinion
October 3, 2002 Letter of request for international judicial assistance (Martin Broughton)
June 27, 2005 United States' notice of filing proposed final judgment and order
October 3, 2002 Letter of request for international judicial assistance (Nicholas Cannar)
June 28, 2005 (Proposed) Final judgment and Order
October 3, 2002 Letter of request for international judicial assistance (Andrew Foyle)
July 1, 2005 Joint defendants' final proposed pre-law findings of fact and conclusions of law
January 29, 2003 United States' preliminary proposed conclusions of law
August 16, 2005 United States' final proposed findings of fact (Incorporating errata)
March 5, 2003 United States' preliminary proposed findings of fact annotations
August 17, 2005 United States' final proposed findings of fact
June 15, 2004 United States' Trial Outline
August 25, 2005 Post-trial brief of the United States of America
July 1, 2004 United States' final proposed conclusions of law (Volume Two) regarding defendants' affirmative defenses


July 1, 2004 United States' final proposed conclusions of law (Volume One)




Document
Exhibit and Witness Lists
EXHIBITS ADMITTED
William A. Farone
William A. Farone - Additional
Jeffrey Gentry October 14, 2004
Jeffrey Gentry October 21, 2004
Jonathan Samet
WITNESS LISTS
Defendant witness list
Defendant witness order
Plaintiff witness list

Philip Morris Motions for Summary Judgment

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Date Document
Judge Gladys Kessler - ORDERS
September, 2000 Memorandum Opinion: Certain Defendants' Motion to Dismiss for Failure to State a Claim is granted in part and denied in part.
September, 2000 Memorandum Opinion: . . .on the basis of those longstanding legal principles that the Government has not made a prima facie showing that BAT Ind. participated in the conspiracy alleged in the Complaint . . .
December 22, 2000 Order: appoint Special Master to oversee scheduling and discovery
June 28, 2002 Order 182 w/Memorandum Opinion: Joint defendants' motion to enforce jury demand is denied.
October 1, 2002 Order 230: Tenth case management order
May 23, 2003 Order 356 w/Memorandum Opinion: Joint defendants' motion for partial summary judgment on advertising, marketing, promotion and warning claims is denied. Governments cross motion for Partial Summary Judgment on Affirmative Defenses is granted in part and denied in part.
January 16, 2004 Order 471: Trial procedures
January 23, 2004 Order 476 w/Memorandum Opinion: The U.S.'s Motion for Partial Summary Judgment on Defendants' Equitable Defenses . . . is granted. The following affirmative Defenses are dismissed . . .
February 24, 2004 Order 501 w/Memorandum Opinion: Joint defendants' motion for partial summary judgment on claims that defendants advertised, marketed and promoted cigarettes to youth and fraudulently denied such conduct is denied.
March 10, 2004 Order 509 w/Memorandum Opinion: U.S.'s motion on disgorgement granted in part and denied in part . . .
March 17, 2004 Order 510 w/Memorandum Opinion: Defendant motion on RICO and violation of separation of powers is denied.
April 7, 2004 Order 523 w/Memorandum Opinion: Liggett Motion for Summary Judgment is denied.
May 6, 2004 Order 537 w/Memorandum Opinion: Defendants' Motion for Summary Judgment on the Grounds that there is no reasonable likelihood of future RICO violations is denied.
May 6, 2004 Order 538 w/Memorandum Opinion: U.S.'s Motion on Defendants' Affirmative Defenses is granted.
May 6, 2004 Order 540 w/Memorandum Opinion: U.S.'s Motion for Partial Summary Judgment on Element that Defendants have caused mailings and wire transmissions is denied.
May 21, 2004 Order 549 w/Memorandum Opinion: CTR and Tobacco Institute Motion for Summary Judgment is denied.
May 21, 2004 Order 550 w/Memorandum Opinion: Defendants' Motion for Partial Summary Judgment Dismissing the Government's Disgorgement Claim is denied.
May 28, 2004 Order 556 w/Memorandum Opinion: BATCO Motion for Summary Judgment is denied.
July 7, 2004 Order 586 w/Memorandum Opinion: U.S.'s Motion to dismiss certain defendants' Affirmative Defenses is granted.
July 8, 2004 Order 588 w/Memorandum Opinion: Defendants' Motion for partial summary judgment with respect to nicotine manipulation and addiction is denied.
July 9, 2004 Order 589 w/Memorandum Opinion: Defendants' Motion for partial summary judgment on claims that defendants suppressed development of potentially less hazardous cigarettes is denied.
July 15, 2004 Order 591 w/Memorandum Opinion: U.S.'s Motion for partial summary judgment on RICO allegation is granted in part and denied in part.
July 21, 2004 Order 600 w/Memorandum Opinion: U.S.'s Motion for sanctions against P.M. for spoliation of evidence is granted in part and denied in part.
October 1, 2004 Order 471A: Additional Trial Procedures
October 7, 2004 Order 680: Strike testimony of Stevens and Northrip
August 31, 2005 Order 1001: Provide comprehensive Exhibit List

Philip Morris Website
Philip Morris Date Philip Morris

July 1, 2004 Joint defendants' final proposed pre-trial findings of fact and conclusions of law. Executive Summary

July 20, 2005 Joint defendants' P&As in support of their motion for judgment on partial findings pursuant to Fed.R.Civ.P.52(c) with respect to certain remedies sought by the United States

September 5, 2005 Defendants' reply memorandum of P&As in support of joint defendants' motion for judgment on partial findings pursuant to Fed.R.Civ.P.52(c) with respect to certain remedies sought by the United States


Joint defendants' post-trial Proposed Findings of Fact
P.M. Addiction Date P.M. Addiction

October 8, 2003 Defendants' memorandum of P&As in support of their motion for partial summary judgment with respect to the Government's nicotine manipulation and addiction allegations. ( See Order 588 )

October 12, 2003 United States' memorandum of P&As in opposition to defendants' motion for partial summary judgment with respect to the Government's nicotine manipulation and addiction allegations

January 12, 2004 Defendants' reply memorandum in support of their motion for partial summary judgment with respect to the Government's nicotine manipulation and addiction allegations
P.M. Disgorgement Date P.M. Disgorgement

August 1, 2003 Defendants' brief in support of their motion for partial summary judgment dismissing the Government's disgorgement claim

October 7, 2003 U.S.'s memorandum of P&As in opposition to defendants' motion for partial summary judgment dismissing the Government's disgorgement claim

November 20, 2003 Defendants' reply brief in further support of their motions for partial summary judgment dismissing the Government's disgorgement claim

July 23, 2004 Defendants Appellant's Brief: seeking reversal of District Court and dismissal of the U.S.'s request for disgorgement

August 1, 2004 Brief for the United States of America as Apellee: seeks dismissal of defendants' Appeal (Disgorgement)

August 16, 2004 Appellants' Reply Brief: (Disgorgement)

February 4, 2005 U.S. Court of Appeals decision: "Because we hold that the District Court erred when it found that disgorgement was an unavailable remedy under 18 U.S.C. §1964(a), we reverse the District Court and grant summary judgment in favor of Appellants as to the Government's disgorgement claim."
Less Hazardous Date Less Hazardous cigarette

October 8, 2003 Memorandum of P&As in suppport of defendants' motion for partial summary judgment on claims that defendants suppressed the development of less hazardous cigarettes

December 18, 2003 U.S.'s memorandum of P&As in opposition to defendants' motion for partial summary judgment on claims that defendants suppressed the development of potentially less hazardous cigarettes

January 16, 2004 Reply memorandum in support of Defendants' motion for partial summary judgment on claims that defendants suppressed the development of potentially less hazardous cigarettes

July 9, 2004 Order 589 w/Memorandum Opinion: Defendants' Motion for partial summary judgment on claims that defendants suppressed development of potentially less hazardous cigarettes is denied.
Likelihood of conduct Date Likelihood of continued conduct

August 1, 2003 Memorandum in support of defendants' motion for summary judgment on the grounds that there is no reasonable likelihood of future RICO violations

October 24, 2003 United States memorandum of P&As in opposition to defendants' motion for summary judgment on the grounds that there is no reasonable likelihood of future RICO violations

November 26, 2003 Reply memorandum in support of defendants' motion for summary judgment on the grounds that there is no reasonable likelihood of future RICO violations

May 6, 2004 Memorandum Opinion: Defendants' motion for summary judgment on the grounds that there is no reasonable likelihood of future RICO violations is denied.
PM Backgrounders Date Philip Morris press releases

September 15, 2004 Philip Morris USA's Marketing Practices

July 22, 2005 Comparison of the provisions of the Plaintiffs' proposed final judgment and Order to the MSA

July 22, 2005 Disgorgement Summary

July 22, 2005 Civil R.I.C.O Summary

Summary Injunctive relief sought by government compared to 1998 Master Settlement Agreement (MSA) provisions

Summary Mandated Marketing Restrictions

Summary The Tobacco Settlement Agreement: A summary

RICO Graphic Title 18 of the United States Code (RICO): Statutory scheme for remedy
Separation of Powers Date Separation of powers

October 8, 2003 Defendants' memorandum of P&As in support of their motion for summary judgment on the grounds that the government's RICO claims violate separation of powers

December 8, 2003 United States' memorandum of P&As in opposition to defendants' motion for summary judgment on the grounds that the government's RICO claims violate separation of powers.

January 13, 2004 Defendants' reply memorandum of P&As in support of their motion for summary judgment on the ground that the government's RICO claims violate separation of powers.

March 17, 2004 Order 510 w/Memorandum Opinion: Defendant motion on RICO and violation of separation of powers is denied.

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January, 2006
design Probative Production