FW West Virginia lawsuit Dillatd

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                                                                                                     Pepa I

            Note for Pressi, Lance

From:       Jones, Veronica                                                                                   ~
Date :      Fri, Sep 23, 1994 1 :47 PM                                                                        -C
Subject :   FW: West Virginia lawsuit                                                                         O
To :        Dillatd, Jack; Fisher, Scott ; Laufer, David ; Lemperes, Jim ; Paluszek, MM Pontarelli, Jittz;
            Poole, Jay ; Portnoy, Sharon ; Pressl, Lance; Scott, Tracey; Turner, Henry                        ~
            Just thought Td send this along - in addition to the weekly teport .                              ~
            From:Fisher, Scott on Wed, Sep 21, 1994 7 :58 PM
            Subject : West Virginia lawsuit
            To : Floumoy, Tina; Keane, Denise ; Merlo, Ellen ; Parrish, Steve ; Walls, Tina
            Cc : Jones, Veronica

            Attasney General Darrell McGraw filed suit on 9/l0 against 23 defendants, including Philip
            Morris Inc ., seeking ro recover money paid by the state for tobacco related illnesses . The
            lawsuit also asks for an injunction against the industry in promoting the sale of cigarettes to
            minors. The suit was filed in Kanawha County Circuit Court . The suit also named the
            Kimberly -Clark Corporation as a defendant as well as a couple of W VA wholesalers, Hill &
            Knowlton, and the Tobacco Institute . Kimberly-Clark was named because, according to
            McGraw's press release, "it developed a tobacco reconstitution process that petmits
            manipulation of nicotine levels by tobacco companies" .

            Ten counts against the industry were listed, including :
            1. Restitution/unjust enrichment
            2 . Common law public nuisance
            3 . Negligent performance of a voluntary undertaking
            4. Fraud, intentional misropresentation
            5 . Conspiracy and concert of action
            6. Aiding and abetting liability
            7. Violation of State Consumer Protection Act
            8. Violation of West Virginia Antitrust Act
            9. Seeks injunctive relief on "selling to minors"
            10. Declaratory judgement regarding parties' rights

            We have known since early June that McGraw was seriously considering this option . The
            industry has attempted sinceJune to meet with McGraw, but to no avail. However, last week
            RJR's loobbyist and a trial attorney was able to meet with McGraw briefy . McGraw acted
            like he "did not know exactly what his staff was up to" . Obviously, this was not true as
            McGraw has been working on this issue foe some time . On July 21st, McGraw appointed
            seven lawyers to work on a lawsuit aimed at the tobacco industry.

            Ronald L. Motley of South Carolina, a nationally known plaintiffs attorney in lawsuits
            against companies that made products containing asbestos, was named the lead attorney . The
            other six lawyers are from West Virginia .

            Motley, which I believe is a part of the infamous "inner circle", has received credit for
            developing the consolidation of cases theory so that the mattters are not tried one at a time,
            but trial judges grant a consulidation so that one decision resolves as many as 10,000 cases .
            Motley's concept of this attack in asbestos litigation was first developed in West Virginia