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Years after concluding their historic settlement with state attorneys general, cigarette makers are still steeped in a thick cloud of litigation. Brooklyn, New York, federal judge Jack Weinstein granted certification in September to a nationwide class of smokers seeking punitive damages for allegedly being misled about the dangers of cigarettes. If the unprecedented decision withstands appeal, the class would, with some exceptions, consist of individuals who have been diagnosed with a variety of smoking-related illnesses from April 1993 to the present. The case, known as Simon II for lead plaintiff Ellis Simon, has undergone several transformations since it was first filed in 1999. A nationwide class of smokers has been certified before — in 1995 a federal New Orleans judge granted certification in Castano v. The American Tobacco Company — but the class was decertified by the U.S. Court of Appeals for the Fifth Circuit in 1996. That class of smokers sought compensatory as well as punitive damages. The Simon class seeks only punitive damages. For the Plaintiffs n Lieff, Cabraser, Heimann & Bernstein (San Francisco): Elizabeth Cabraser, Steven Fineman, and Richard Heimann. (Fineman is in New York.) Cabraser, lead counsel for the plaintiffs, is a leader in the mass tort class action bar. She has worked on cases involving breast implants, asbestos, and the diet drug fen-phen. n Brown Rudnick Berlack Israels (Boston): M. Frederick Pritzker and associate Gregory Arnold. Brown Rudnick worked with Lieff, Cabraser on the settlement between the state attorneys general and the major tobacco companies. n Roda & Nast (Lancaster, Pennsylvania): Dianne Nast. Nast was a member of the Castano group of plaintiffs attorneys who challenged the tobacco companies in 1994 in a class action suit. n Spohrer, Wilner, Maxwell & Matthews (Jacksonville): Norwood Wilner. n Waite, Schneider, Bayless & Chesley Co. (Cincinnati): Stanley Chesley. Chesley was a member of the Castano group. n Weitz & Luxenberg (New York): Perry Weitz and associate John Broaddus. For defendant R.J. Reynolds Tobacco Holdings, Inc. (Winston-Salem) n In-house: Senior vice president and deputy general counsel Daniel Donahue. n Jones, Day, Reavis & Pogue (Cleveland): Harold Gordon, Theodore Grossman, Robert Klonoff, and associates Michael Fried and George Kostolampros. (Gordon is in New York. Klonoff and Fried are in Washington, D.C.) Grossman, the industry’s lead counsel in the case, is one of three Jones, Day lawyers who coordinate tobacco litigation for R.J. Reynolds on a regular basis. For defendant Philip Morris U.S.A. (New York) n In-house: Associate general counsel John Mulderig. n Arnold & Porter (Washington, D.C.): David Eggert, Murray Garnick, and associates J. Benjamin King, Heather Pigman, and Eric Suter. Philip Morris is a longtime client of Arnold & Porter. The firm recently represented the company in the Bullock case, in which a smoker was awarded $28 billion in punitive damages. For defendant Brown & Williamson Tobacco Corporation (Louisville) n In-house: General counsel — product litigation John Kiser. n Kirkland & Ellis (Chicago): Peter Bellacosa and David Bernick. (Bellacosa is in New York.) Bernick regularly represents Brown & Williamson. For defendant Lorillard Tobacco Company (Greensboro, North Carolina) n In-house: Vice president and general counsel Ronald Milstein and associate general counsel — litigation John Reilly. n Greenberg Traurig (Miami): Alan Mansfield and Stephen Saxl. (Both are in New York.) The firm has represented Lorillard for several years. For defendant British American Tobacco p.l.c. (London) n In-house: Senior counsel Martyn Gilbey and assistant general counsel — litigation and regulation Philip Scourfield. n Simpson Thacher & Bartlett (New York): Joseph McLaughlin and associate Peter Shapiro. Simpson Thacher is the company’s regular outside counsel. For defendants Liggett Group Inc., Liggett & Meyers, Inc., and certain affiliates (Mebane, North Carolina) n In-house: General counsel John Long. n Kasowitz, Benson, Torres & Friedman (New York): Aaron Marks and associate Leonard Feiwus. The firm is the Liggett Group’s national counsel. outlook The defense has filed an application for appeal to the U.S. Court of Appeals for the Second Circuit. — Andrew Longstreth

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