You're listening to Minnesota Public Radio. Midday is continuing programming on Minnesota Public Radio is supported by carousel automobiles. The Audi store offering the Audi A4 Avant European sport wagons available in front track and Quattro models. And this hour of midday look behind-the-scenes The Landmark. Tobacco trial that concluded in Minnesota. Just last May 6th billion dollar settlement was the result Twin Cities attorney. Michael was the lead attorney in the case brought by the state of Minnesota and Blue Cross Blue Shield. He was invited to give the keynote address to Friday's annual meeting of the Minnesota Trial Lawyers Association. And here's what he had to say. It's good though to be home in a sense to be back among trial lawyers. Today, I'm going to give you an overview of the cigarette litigation in the overview. I'm going to talk a little bit about the players the Genesis of the suit the discovery the trial the settlement and what I call the aftermath which is the post litigation litigation may be interesting to some of you are here today. I give my observations and viewpoints on that. Surgeon General Koop describe the Minnesota settlement as one of the most significant Health achievements of the second half of the 20th century. It was an estorick and unprecedented result that was obtained not by Congress. With all due respect Senator not by the legislature not by the executive branch, but by the judicial branch peopled by lawyers. That's who brought the tobacco industry to the table and in fact to their knees. That branch of government that is so roundly criticized by the pundits of today. Two years ago. I appeared in front of you. And I gave you my view that lawyers have an overarching Duty the justice and the rule of law that transcends Our obligation to our individual clients. The cigarette case provided an incisive you into the potential for inherent conflict between those two responsibilities and the challenges that it presents lawyers. Happily the overwhelming majority of lawyers in our profession understand Embrace and cherish that overarching Duty that we have to our system of justice some unfortunately fall short. And bring disrepute on all of us. We must not sit silent and allow unwarranted and cynical attacks on our profession to do so a roads public confidence. In our judicial system and tears at the fabric the very fabric of our democracy, which is based on the rule of law. Rather, I would suggest we must join The Fray and Enlighten the public debate by explaining the fundamental role our profession plays in our society. Where I asked you do we find lawyers. When the least privileged in our society need help there you will find a lawyer. When the most powerful need a moral compass to guide their actions there you will find a lawyer. When the laws are written. to serve and facilitate Commerce in the most powerful economic Society in the world There you will find lawyers. When charitable work needs to be done for the needy there. You will find lawyers when we need to protect the fruits of our labors and provide for others in society there again, we find lawyers. Where there's conflict between different segments of our society and solutions are needed weather in the private or public sector there. We will find lawyers and when great institutions seek guidance and judgment there again, we find lawyers. Henry Stimson who was a great Patriot and served three presidents Theodore Roosevelt Franklin Roosevelt and Harry Truman put it this way. I came to understand and learn the noble history of the profession of the law. I came to realize that without a bar trained in the conditions of courage and loyalty are constitutional theories of individual liberty would cease to be a reality. I learned of the experience of many countries possessing constitutions and bills of Rights similar to our own whose citizens had never the last lost their Liberties because they did not possess a bar with sufficient courage and Independence to establish those rights by a brave assertion of available remedies So I came to feel that the American lawyer should regard himself or herself as a potential officer of her government in a defender of its laws in Constitution. I felt that if the time should ever come when this tradition had faded out and the members of the bar had become merely the service of business. The future of our liberties would be gloomy indeed. Fortunately our liberties as a people are intact because of the vigilance of the members of our profession. To be sure they are under constant in increased attack by those who presume to possess ultimate truth and are intolerant of those who disagree or who are different. I suggest you that we must together. Other members of our society join arms and restore nurture and enhance informed public debate. The cigarette case for better or worse as for me clarified my understanding of the responsibility. We as lawyers have to society based on our privilege. Our sacred privilege to participate at the center of our judicial system. In that case. I saw the Confluence of enormous corporate power. The role of a free in vibrant press and media the workings of Congress and the legislature the functioning of the Attorney General's office and the Executive Office of the State. I saw the activities of the FDA in the Public Health Community, but most importantly my fellow Travelers. I saw this Central and impairment role of the judge and jury in our system of justice and they shined brightly. judge Fitzpatrick an individual who I had never ever appeared in front of a principled dedicated public servant who dedicated his life to the profession. In the finest tradition of the Minnesota bench take took on an enormous burden in this case. It reminded me of the dalkon shield days when I saw a judge's Alsip Renner Magnuson Lord McLaughlin lebedoff Undertake and clear the calendars of over 500 delcon Shield cases judge Fitzpatrick stands with great honor with those judges in the jury. 12 citizens who we asked to give up five months of their lives at no in significant financial hardship. They were the most dedicated inattentive jury. I have ever witnessed in the most difficult day for me in a courtroom in 27 years of practice was to stand in front of them on May 8th and to say that case was settled we as a profession and I mean all of us lawyers and judges need to find a way legislatively to help jurors who spend so much time serving our form of Justice. It's amazing. I receive letters from lawyers, maybe some of you in this room who said it all might can't you just give them some of the money pay them. And they said that out of a concern for these citizens who went to such hardship to serve all of us in the rule of law. And of course you can't do that. You can only imagine what would happen when you going to get paid by the one that wins. Well that might start subverting justice, but I would urge you to give thought to this issue. We need to approach the legislature and we need to work together with the bench to find a way to come up with a bill and a program that would enable District Courts at their discretion in Long cases be the Civil or criminal to take care of extreme hardship cases. The mechanism is simply not there today. What's the Genesis of the lost well in 1989? after the conclusion of the copper 7 litigation Roberta walburn and I my wife and we're in Napa Valley sitting on a Mountaintop. Roberta and I started talking about where should we go next? What's wrong is out there that needs to be righted. And we have course looked at the cigarette industry. It had steamrolled its opposition for over 40 years. They adhered strictly to the principle that they articulated in one of their own internal memos. And that is a paraphrase patent. They said the way we have one these cases is by taking those sole practitioner those small law firms. And making the other poor son of a bitch spend all of his money rather than us spending our Jr's money and that's what they did the scorched-earth policy. As we talked we felt because of what we had seen in delcon Shield, but the attorney-client privilege had been improperly used in this is based on Ardell kind experience where they took and did the secret studies and really removed the function of the medical Department of aged Robbins and moved it out the outside lawyers and let them conduct s it when they found it device was defective. Well, we just won't tell anybody. We won't tell the medical department at Robins. Therefore we won't know anything bad about the device and we won't have to discharge our responsibility of post-market surveillance. We felt that the same type of inappropriate use of attorney-client privilege was taking place with a cigarette industry and then in 1989, we started looking and surveying the law and we surveyed the law from across the country and started. Terrorizing who would be the perfect plaintiff's and we obviously came up with the state of Minnesota and third party payers. Well one thing led to another and we got involved in other cases the Honeywell versus Minolta Roberta took a one your vacation working in Congress and Washington. And we didn't get to it as soon as we'd like to she came back in 92 and we started looking at it again again researching the law and spending a enormous amount of time candidly trying to analyze the various theories of liability. And then in nineteen late 1993 and 94. We saw the Waxman hearings. We saw dr. Kessler seek to regulate cigarettes as a drug and everything came to a head and we met with the clients and so we filed the suit in 1994 August of 1994. It was the first lawsuit that Filed in the country that set forth claims of antitrust Consumer Fraud toward theories Equitable conduct and a whole host of theories that we brought in this case Mississippi had filed about two months before us but they only had Equitable relief in their in their complaint and of course the history of cigarette litigation with regard to the State Medicaid cases is that most of the state's didn't come in until they thought there was going to be a settlement. That's just a flat-out truth. They started coming in at late 1996 early 1997 the first thing clean and I'm going to tell you some things during my reminiscences here and in observations that have not been stated before publicly, but the first hint That we had of trouble with Mississippi was after what they called the first Liggett settlement. I got a call from the AG's office and said Mike would like you to come over the Attorney General of Mississippi is going to be coming and he's got something very important to tell us and I said what what is that? We don't know. So we went over and very important thing the Attorney General of Mississippi had to say was that he was going to settle our case with Liggett. I sent that very interesting. But where'd you get the authority to settle our case with Leggett and unbeknownst are any of us had been talking to Leggett and they decided on a what could only be described in my judgment as a sweetheart deal Bennett Lebow wanted to get ahold of RJR and they had a provision in their settlement agreement where they would fold it if they folded RJR or Liggett into RJR RJR be off the hook second largest cigarette manufacturer in the country. Well, you can probably appreciate what I said. I've been known to be somewhat blunt and candid and I told the Attorney General more when I thought of number one his presumption presumptive. That's to be speaking on behalf of the state of Minnesota and also that we would not be entering into a settlement now, of course, I had skips approval to say that and I want to say something about attorney general Humphrey. When we got into this case. We had a long talk and I said Attorney General. I only want to know one thing and that is that this case no matter what happens will be governed by legal considerations and not political considerations. He said Michael you have my word and Skip Humphreys word is something you can bet the farm on. During very very difficult times. He stood by that word and starting in 1996 and going through and do April of 1997 when we attended settlement discussions in Virginia where I went in and we could see what was happening where these self-appointed attorney generals who wanted to negotiate a settlement on behalf of the entire country. We're willing to curtail FDA Authority. restrict individual rights to sue eliminate punitive damages prevent consolidation of cases and on and on and on. They did so because the industry was smart enough to come in and say we are going to give up advertising. We won't use the Marlboro Man. We won't use Joe Camel. And will also pay a lot of money. But we want immunity. And they want for it. I was there. In April 1997 I called. Skip I said there's some real problems here. You better get out here. And he came out and we stated our position and we left. And Minnesota from that point on stood alone against the rest of the country and they stood alone because skip Humphrey had the courage. To tell people he had worked with for a long. Of time in many collaborative efforts that we have basic principles all the documents come out. no immunity some damages no marketing to children. We're sticking by those folks and either you're with us or you're not and that's where we stood. And how did we stand 35 million documents? We had to look at this team and others 18 hours a day 7 days a week most times. So we ended up at the Minnesota Supreme Court. 7 * United States Supreme Court twice it was scorched-earth tactics all the way experts. We spend I think over $5000000 on Experts. And today I I think G. I wish I could have gone to the legislature and said it's a folks. Why don't you give us some of this money, you know allocate some money. Maybe I'll start with the Republican caucus they seem to be interested. But I digress. Trial started in January. We all stayed at the Saint Paul Hotel and not do you all know what trials like you're spending 19 hours a day if go to bed at 1 get up at 5 and I had just come back is Kathleen it mentioned from California where we tried the Unocal case from a June through early December in the 11 months between June 97 and May 8th of 1998. We spend 15 nights at home. So it was a it was a strong effort to say the least and it was challenging. It was exhausting but it was energizing when you work with such extraordinary talented people and with such commitment as you all know, I attend overcome the fatigue that may set in may explain your little bit with it what the courtroom was like the Press had a Press Room visits are like the White House Press Room. If you've ever seen it that they had all these tables set up and everybody had their typewriters and there's a monitor in there. They can watch the trial from the pressroom WeChat a war room and in the courthouse both sides are war room was this old furniture that we could you know scrounge up from around the courthouse. And a couple of rickety chairs, I never got in the other room by the defendants from they didn't invite me in but I understand they had these plush sofas and everything. They had lunch brought in every day. We run across to get our bag lunch across the street at a great little restaurant. That was run there. I think one of the greatest fun the most fun things I had was at the very outset of the litigation right before we pick the jury in you have to you just can't imagine the power of these companies have more money than God you fractured, you know money is not an obstacle to and they had all these media people in and they're just all over the place where like flies actually the governor's age showed up all of a sudden low and behold she was depressed person for Brown & Williamson. Cyndy brucato. Halfway through the trial so that was an interesting twist, but the very first day or before the very first day selection of the jury. I got wind of the fact that the defense was going to have a press conference at it. So damn this thing I ever heard of a press conference the night before you going to pick the jury. That was set for the Radisson Hotel. So we're busy preparing and in going over the jury questionnaires and I got a couple of my partners asset to go for a walk. I've been in this place. Been here for about a week. You know what I'm getting tired. I had been they don't know if I want to get outside. So we put on our coats and we're walking around night where you want to go and what will go by the town by the Radisson that place soon so I can down to the Radisson. I'll start walking the street we were over on the Ramsey Ramsey County Jail. The one overlooking the river is I said wrong. Why don't we go with that press conference. They look at me, sir. Are you nuts? So now let's put let's go in there and see what's going on. I think they're tampering with the jury. What are you doing holding a press conference. All they want is a bunch of PR the next morning. They want to be on TV that night in the in the paper the next day. So what's going there? So we walked across the street and start washing in and one of the TV reporters was there so I'm becoming so it'll look. Cuz they were going back to their truck and the guy said a little piece of hi Mike. I drink if I swear you going to do I'm going to their press conference. He looks at me waves to the guy across the street and come on back since we walked in we asked for the press conference was and we walked in there and I and I walked in and it was really fun dares DJ DJ Larry sitting up there then and I got these lawyers sitting down and they're about ready to start, you know, and lo and behold the door opens and there I am. Got it was this was so much fun. They almost swallow their tongue to be that they just couldn't do. I understand you having a press conference and you don't mind if I just stand here and if you make a mistake and I'll correct it. I'm sure the press and I look at the purse. I am sure they would want to have a balanced story. And so we got into this debate and that they didn't know what to do. I guess they never seen anything like this and that they didn't quite know what to do with me and saw your back and finally one guy just sort of lost it and leave he started screaming you've got to get out of here will give you the room after and you can have the room after I said, I don't want the room you're tampering with the jury does not the way we operate Minnesota press conferences night before you go to select a jury. I'm staying right here. Finally said you have to get out of here cuz I said, okay, I'll leave and as I left the whole press car followed me out. So to make a long story short that night and the next morning the whole story was about how I broke it on their press conference in there wasn't anything about the merits of the case or anyting else. I don't know what their story was going to be so that I think to start it out. Needless to say we start out on two different tracks with them. I tell you a little bit about the witnesses. We had some just outstanding Witnesses doctor heard from the male clinic. We were able to get a doctor from the Mayo Clinic and I I really applaud the mail foundation for this to testify for the very first time. I'm told in a case where they were not involved and not given treatment and dr. Hurt is a world-renowned expert on addiction cigarette addiction. He runs the clinic down at the Mayo Clinic and he has established other clinics across the country and he was just an extraordinary witness highly highly motivated exceedingly bright he was born in Kentucky and tobacco country. He was a former heavy smoker. He had an empathy for his patients. That is something we is trialers. I just love to see he humanized the entire case because we didn't have any smokers there. I mean this was the state of Minnesota and Blue Cross Blue Shield and we were struggling all the time to find ways to humanize this to show the human Carnage that takes place as a result of these peoples deliberate and intentional actions, which have taken place for over forty years and dr. Hurt did that for us and that there was an interesting little side light during this case the lawyer that was examining for the other side and you know, we expected to get the best thing on the other side and I was somewhat surprised sometimes by some of their trial tactics, which I'll get into a little bit but During the course of the cross-examination of doctor and he was just eating this guy alive. It was sort of fun to watch and you got to the end of tenancy to write everything down and you can see I think you used up every magic marker in the world. In fact a few weeks ago. I sent her a box of crayons and said they're so until it's been awhile since I've seen you in the trial and I want to send you these crayons because I'm sure by this point you've used up every magic marker known to mankind. I haven't heard from him yet. It was meant in Good Taste and I attend. I don't think he's taking it that way but any but he's going through it and he would write everything down. So he's any put it in his own words. I was like he was test if I never see nothing so goofy and all my life, right? I would say the sun rises in the East. Well the sun maybe rises in Are fries and you write these down and then he wanted at the end. He wants to Mark Mall because I had marked some demonstrative switch the witnesses had testified to and put down their words and they've gone and evidence. What here he is, He's giving a closing argument basically so he couldn't find the stickers you got this pad and couldn't find the stickers. I said, he sort of like is a trailer to take control of the courtroom. Let people know you're organized me of things. I swear. It was Arts Council exhibits 20001 20002 whatever they were doing and judge looks to me I should have got you in your on its characterization by the lawyer's sustained. Mystery she got to put these in the oven. And it'll yeah we had for a demonstrative exhibit Mart what the witnesses said and these are the types of things that they said indicated in evidence that the judge wasn't fair. Who's nonsense? We had the CEO of Philip Morris. One of the Fortune 50 Fortune 100. Anyway companies in this country on the stand Mister Bible. That's an oxymoron. And he sat there and testified and said I'm ashamed. Literally as we showed him documents. Which manifested a specific undertaking by Philip Morris to Target youth? At the board meetings they were talking about you psychology. I'm a former chairman who is their fellow by the name of Coleman? Who's at the board meeting who this mystery Bible? Keeps inviting back to board meetings today. The reason he does is that the man is a very very large shareholder of Philip Morris companies and he has an excess of a hundred million dollars. I in stock in the company in this Bible. Wanted to say I'm only going to look forward. That's all I'm going to do. I don't want anything to do with what happened in the past. I'm looking forward. I'm the good guy that was his whole testimony and I like to call adverse parties in our case and chief. I'll start set the Theme guitar case in then I want live meet on the other side. I want their people in the witness box so we can cross-examine him so people can see whether or not they're telling the truth. So we called it when I didn't I always tell him I said look bring your people in when I'm done. You can direct them. You can go beyond what I do. I don't care for patient in our case. I want them there for cross-examination to Bible was there. Started showing them the documents. I'm ashamed. Machined guy before him had said it was an anomaly. I said well is this one of the ones sir? That was an anomaly actually have Little Bill that testimony question long after adolescent preoccupation with self-image has subsided the cigarette will even preamp food in times of scarcity on the smokers priority list. You see that my question to mr. Bible. This is an internal memorandum of Philip Morris answer. Yes, I do now does that ring a little bell that that might be a diction? Not to me sir. No. Not to you answer. No sir. It doesn't does the term adolescent ring a bell with regard to the age were talking about. Yes, it does and I'm ashamed of that you're ashamed of it. Yes. I am and yesterday Mr. Morgan was shocked that it wasn't he he said that yes question called it an anomaly didn't me? Answer a huh. He did. So they wanted to say that this one document was an anomaly and then of course you all is great trailer's know what happens next baba, baba baba one document after another after another and this man keeps saying he's a shame. I said another anomaly another anomaly pretty soon. It becomes the ordinary course of events doesn't exist Bible. This is a man who sat there and literally washed his hands. Of the company. He said in essence didn't happen on my watch. I want to look for it. I want to put this all behind this. So you want to put it behind us. Then I hit him with his annual report for months after he took over where he talks. It was almost like Churchill the second world war. We're going to meet him in the valley. And so we're going to meet him in the air going to meet Amanda beaches, you know, we're going to take these sons of bitches and we're going to rain today. We're going to defend this company and he wants to look forward hardly hit him with a Wall Street Journal article or right after he took over. He called in all his managers. And sat there and berated them if they didn't say things the way he wanted it said. And of course his general counsel. As one of the individuals who was there in his general counsel happens to be sitting in the courtroom when I'm cross-examined. So we take that's where you work. Where you looking ahead then you only started looking ahead. Mister Bible when we when these lawsuits started coming when the document started coming up when you were in deep doo-doo. That's when you started looking forward. That's when you want to say Mia Copa, but what do you want for that? You want immunity and you know what they did to get the damn this thing. I get done with this guy and I'll tell you it was fun. It was that he was a delightful man, you know, if you met him in a bar, he was an Aussie to have a drink with it and it was it was it was a battle. It was a real Challenge and it but it was fun and we did get them and after the cross is done they go on direct and you know what they do. They put in the proposed national settlement. You believe that. The damnedest thing I've ever seen in my life. I sat there and it was our exhibit. and all of a sudden they say and you're you're in Congress cuz we had the issue had come up of the fact they were trying to get immunity that open the door to it. So we used it, but we didn't try to put in the settlement. So here he comes with this thick documents. Our exhibit was on our exhibit list and the Philip Morris lawyer puts it in. Of course in there. It says that You know, they're going to pay 368 billion Bubba Bubba billion dollars. To settle all these lawsuits imagine defended put you in that kind of document. And they wanted to do the same. Like I still can't figure out why I guess maybe was because I want to show you his forward-looking. Well that opened up. And of course that the way they always want to pay for this is they're going to know you can't force them to sell the food companies in the liquor companies that they purchase with the backhoe profits. We don't have that right and soon as they announce a settlement. This guy's got millions of stock options and what happens to the stock, but when they announce the proposed settlement the stock went up dramatically, so it was that the settlement I go. Well they offered the court looks at me any objections. No your honor. So in those the settlement document and then I get my chance at the cross-examination. And this probably was one of the most fun days that I've ever had in a in a courtroom because of what it allowed me to do with that document and I started down the road of the fact in the coop and Kessler had a article in Jama which called these people mass murder is essentially. Talk about the Minnesota case and probably the truth will come out there at sex with it when I'm not it allowed me to get into all of these things. And I said, what are you getting here hit it allowed us to talk about the immunity a lot of talk about curtailing FDA thority. It allowed us to talk about the fact that individuals could not join with other individuals to bring actions anymore. It allowed us to talk about the fact that we know of punitive damages a lot about us to talk about the fact they were cutting off all third party payers it a lot of stock by the fact they were cutting off all other states wanted to proceed with their action put in the state of Minnesota all of that and it was candidly rather brutal. and the amazing thing about their their Witnesses is that none of them admitted that smoking causes anyting I want after 9 1012 surgeon general's reports and if it made for the most devastating cross-examination on these people, I mean you can imagine 82% of all smokers start before the age of 82. How many people have to die with your Bible? Mr. Doctor Glen. Mr. Schindler. Mr. Merriman how many have to die? before you think smoking causes anyting 1 thousand 400000 Millions Bible finally said one would be too many. Do you know how many every single Medical Association in the world says are killed just here in the United States every year. So, do you know no Have you ever asked these the CTR the scientist you say who are Nobel Prize winners. We're on the council for tobacco research where they're doing medical research. It gives him a front. They have me to study cancer generally nothing to do with smoking and health. We found out in in 1/2 year. There was 10 out of 296 studies that even touched on smoking and health. Did you ever and they like to see if we have all these great scientist? When they're asked did you ever ask any of those scientists one of them? Does smoking cause lung cancer bladder cancer oral cancer type of disease never. Did any of you folks at any of your association meeting said there's a maybe we ought to ask all these scientists something for payment tons of money. Don't you ever think of that? No, dr. Glenn, you're the head of seat. Are your Physicians Jeffrey a CEO's if you could do that, no. When you're having a cocktail party, and she said you think maybe some of these people are right. Never even whispered it. No. Dim even so I can get up and look at him and say you think we cause disease. It is ludicrous. none of them ever ever did then they start their case. And they lead off with high Berman. professorbroman I said mister Bible is fun and some of these other Witnesses. I have never had a better day in the courtroom. Then I did was professor hibron. And by the way, I really like the man. He was there lead off Witness. Invited me to his classroom. and I'm going to take him up on that by the way, so now when I walk in and lopressor And he was there to talk about common knowledge that. Everybody knows everything about smoking. It's common knowledge. He's an honest guy and they had him read newspaper articles by the gazillions. They had a a stack of stuff that under light is expert report that would choke a horse and we went through it all and Marty will both knew what I would want. She knew what I would want a book by doctor deal. We all know dr. Deal and deal Hall The University of Minnesota. well professorbroman has in Astorian So he goes through his whole test when I get up there and I start going through and I say now doctor you're a historian right night first Twilight. I get him to what he really is. He is an expert and he is indeed on labor Strife on picket lines. And violence on PICC line PICC lines. That's what he's really an extra. And he's only published in that area and very limited in that area. So we go through that very nice of you to say how he looks like his grandfather. We get through all this, you know his limitations. Oh, yes. He was a physician who dedicated his life. To the smoking health issue. Did he guess he did he lived the history didn't assert. Yes. He did. He treated people who are dying from cancer. It was smoked in it. Yes. She knew what they knew. Didn't me? Oh, yes. He has to take histories wouldn't yes. And you go to book Denis sir. I think that's in the stuff that underlies my report, right? And we took that book out and it was unbelievable. Is dr. Diehl talked about the fraud the deceit the subterfuge of this industry and how people in 1969 didn't know anything. They may have heard smoking causes this or that but what do they know about it? They couldn't even describe what emphysema is. Do, you know that their own Witnesses? I said describe for me what emphysema is? Couldn't even describe it. You know what a terrible excruciating death people suffer who die from emphysema, sir. I heard that it's it's difficult. You don't know what it does to the lungs. Do you know I don't. Well Berman started giving us all absolutely mr32. He knew better than I he lived history. He knows exactly what people knew. I mean it was unbelievable. Sometimes you got to get that transcript and look at it. It was unbelievable. They get done I get done with them. And they do a little direct and believe they're going to do any direct but they went back middle Direct. And he gets done with his directing. I'm sitting there at the funeral for Rick Ross and I'm sitting looking right at me as I am with you and the jury's right here and back to Bruins here in the judges here in our tables are here and that defense is all back behind us, by the way. They had a measure to make sure we weren't any closer to the jury than they were. When we set up the cart honest-to-god. And we're sitting there in Bremen looks at me and judge Fitzpatrick says so just receive re-cross and I start and I wasn't going to do any requests. I started getting out of my chair like this. I don't have any further Professor. You have a great day. He looked at me said thumbs up against me he comes down from the from from the witness chair. He's leaving his last witness before we broke that he's walking out. He comes up to me and shakes my hand. You don't see me on the back and off he goes in for surgery sitting area. And that he was the front from my standpoint are the greatest the greatest witness. We had the privilege talking to the river. I got so much stuff up here, but I won't the settlement. Settlement is a minimum of 6.1 billion dollars. We used a 25-year period as a nominal. Just to put a value on it goes by the way in perpetuity. It could be 12 billion that could be 15 billion. If all of these cigarette companies go out of business for years and now it won't be 6 billion. But it doesn't stop at the end of 25 years. The state gets its money for the back piece the back damages 1.3 billion within a little over four years from the date of settlement. The reason for that payout schedule was that there was a most favored nation clause in the Mississippi, Florida and Texas cases. And the most favored nation clause means that they're entitled to whatever we get. What we got is two times per capita wood, Florida got with Texas got 20% more than what Mississippi got they got. None of the non-economic. Provisions that we got we from an and I think the non-economic provisions are more important than the money because in the long run they'll result in Greater savings to the people of the state. hopefully a lot smaller number of Youth will start smoking and we won't see the disease that we've seen they have to dissolve the CTR. They cannot oppose directly or indirectly any legislation to reduce tobacco use by children. They had to turn over all their lobbying documents. You've seen the articles in the paper about lobbyists and scientists and how they were paid those came from the documents in Minnesota. We affected the course of the national legislation Congress will tell you that it's what was done in Minnesota that prevented a national built. That would have granted immunity to this industry. They had to disclose all of their lobbying payments. They have to remove their Billboards and Transit ads in this state by the end of October. They cannot any longer promote cigarettes in movies. And that's on a national scale. They have to Cease the marketing of all paraphernalia with cigarette logos on it that you see all over the country. They can no longer do that in, Minnesota. They can't make any material misrepresentation of the health consequences of smoking these false statements that they made in the past on TV when they were on TV and print ads in statements to legislators and statements to Congress that can no longer make them in this state. There's they cannot enter into any contract or combination with themselves limiting the dissemination of knowledge regarding the hazards of smoking. They can't take any action directly or indirectly to Target youth in the state of Minnesota. They have to allow access to the depositories and they have to maintain those depositories for over 10 years both here in Minneapolis and in Guilford. the aftermath the post litigation litigation I'm involved in some of it. So I'm not going to comment on that litigation. I'll tell you someday I will express my thoughts on this litigation. I'll give you a sort of a sense of what I feel about it. This is a part of the transcript of the Unocal case right after the opposing counsel began examination of an expert. Mistress Tracy your honor I'm going to move to strike the last portion of that as being non-responsive the court. Yes. It's tricking and the jury will disregard that a jerk. We didn't hear it anyways. The court have you heard any of it yet? Adger Beverly. The court do I have to start all over a juror or no? That's what I think. some of that litigation there's a suit against the state of Minnesota that's been brought which I think goes beyond the pale but using MSA 256b .042 which allows which allows the state to recover payments it makes for healthcare You're all aware that statue going to deal with in your practice. Now, they're saying that that statute and titles people to come in and get part of the health care costs have been paid by the state. I just think it's ludicrous the 17 suits that have been brought against Blue Cross Blue Shield. I'm reminded of that green spot the parachutist try to hit. It's green plush grass. check soft the parachutist didn't plant the grass. 10 water the grass the parachutist didn't put the dirt there a pair of shoes hasn't treated it with loving care the parachutist did nothing to create that green spot that he or she is after. Finally, there's a suit which I think is. curious and by the way, one thing I don't object to Is people's rights to bring suits? How could we do that? We see in Congress and the legislature people saying those frivolous lawsuits out there. So eliminate everybody's right. No. No, there are sanctions. There are appropriate measures that can be taken when somebody brings a frivolous lawsuit and I will never ever in fact, I would fight my dying breath for these people to bring these losses. But they picked the wrong person to fight with. Because we will go after them aggressively within the law and we will seek for the suit that's been brought against the firm yesterday. They have fees and any other damages that are caused assessed against these individuals and they're complaining because the tobacco industry we had a contract with the state of Minnesota which we tore up a contract by the way, which was the subject of one of the very first motions brought by the industry. And the very same bases that these people are trying to bring it. Why didn't they join in then? When they wanted the state to pay for tens of millions of dollars it took to prosecute this case. Where were the in 1994 when I file this with the Secretary of State when it was the subject of an editorial praise in the Minneapolis Tribune and also subject of an article in the Wall Street Journal. What do other states say about the fact that we took a contract? We were entitled to 1.6 billion dollars Pour It Up. I don't see anybody else doing that around the country and I don't care what field are in. I don't see anybody doing that but we thought we had set a standard thought we should set a standard say here's what we did or proud of what we do. If you did more any of you out there you're entitled to more if you did less you're entitled to less. But if you want to look at the recovery for the state of Minnesota and forget the non-economic relief in all the value economic value that's going to bring you want to just take the 6.1 billion. Let's say I went to every Minnesota in this state and I said listen, I'm going to get you 1355 bucks a person that a family of four, not bad. $5,400 5800 bucks. It's not going to cost you a p. Add a penny. And I'm also going to do some other things. These people are not going to be able to Target your kids. The ads are coming down. There's going to be funds for smoking cessation and on and on and on and on and on and I would suggest you that the Goodwill of minnesotans would say I think that's a good deal. That's informed public debate. Who else in the history of this state has brought 6.1 billion + all the nine economic relief to this state who else without charging one single penny to the state. I suggest you no one has ever done. enclosing I'd like to restate when I said in 1996 when I was privileged to be in front of you as to what a trial lawyer is and there's a reason for me saying this again at that time. I told you that I'd read a verse which was entitled. I do not choose to be a common man. I paraphrase that and I changed it and I call it I choose to honor my profession as a counselor and trial lawyer. It is my right to be uncommon. If I can I do not wish to navigate calm seas humbled by the sameness of the tasks. I want to take the calculated risk to Dream It's a build. fail to succeed I refuse to barter in incentive for certainty. I prefer the challenge of the new and unique to the guaranteed existence. the thrill of fulfillment to the stale claim of utopia I will not ever trade freedom for beneficence nor my dignity for a stipend. I will never cower before any Master norbend to any threat. It is my Heritage and my duty to stand erect proud and unafraid to think for myself to enable my clients my clients to enjoy the benefits of my advice and the creations and to face the world boldly and say this I have done. all of this My friends is what it means to be a trial lawyer in the final analysis. We must act in the public interest and we will serve the interest of justice as has been written. We must avoid the Allure and temptations of Dancing In the Shadows of the laws ambiguity. We are servants to the law and then to our clients. Let us never forget that. As always I am proud and honored to be in your presence. Do not Retreat from the battles that will be joined sacrifice yourself in the name. And for the achievement of Justice in doing so you will achieve the richness of life that flows from the exhilaration of contributions to the advancement of our society by serving the ends of Justice. My wife obtained a tape of Vice President Humphrey put out by the NPR the politics of joy. I commend it to all of you. And you did Humphrey said there. in that tape He said his has been said. I'd rather live 50 years. has a tiger a hundred years as a chicken. Thank you and Godspeed. What's attorney Michael ceresi giving the keynote speech Friday at the annual meeting of the Minnesota Trial Lawyers Association in Alexandria. He was the lead attorney in Minnesota's Landmark. Tobacco trial which concluded with a six billion dollar settlement in May and that'll do it for Midday for today. Thanks very much for tuning in John Raby sitting in for Gary eichten and Sarah Meyer is our producer Talk of the nation's on the way. I'm Lord of Benson on the next all things considered the art of woodcut printing is alive and well, that's Orion all the day's news on the next All Things Considered weekdays at 3 on Minnesota Public Radio. Can o w FM 91.1 You're listening to Minnesota Public Radio. Partly, sunny 77 at k n o w FM 91.1 Minneapolis Saint Paul in the Twin Cities this afternoon partly sunny up to 85 mostly clear down to 62 overnight partly cloudy on Tuesday 85° a chance of thunderstorms on Wednesday up to 88. It's 1