Tobacco Company Seeks Retrial of $3 Billion Verdict, Says Smoker has Criminal Past

Philip Morris Co. is arguing that the $3 billion judgment awarded to a longtime smoker with lung cancer in California should be reversed because the judge refused to allow the defense to introduce evidence of his criminal history. During the trial, defense lawyers sought to tell the jury about Richard Boeken's past run-ins with the law, including his involvement in a fraudulent oil and gas scheme.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Philip Morris Co. is arguing that the $3 billion judgment awarded to a longtime smoker with lung cancer should be reversed because the judge refused to allow evidence of his criminal history. A California Superior Court jury in Los Angeles last month awarded $3 billion in punitive damages and $5.5 million in compensatory damages to 56-year-old Richard Boeken. The verdict was the largest ever in an individual lawsuit against a tobacco company. Boeken, a former oil and securities dealer who smoked for 40 years, claimed he was the victim of an industry campaign that portrayed smoking as “cool,” but concealed its dangers. During the trial, defense lawyers sought to tell the jury about Boeken’s past run-ins with the law, including his involvement in the 1980s in a fraudulent oil and gas scheme. Boeken’s lawyer, Michael Piuze, argued that his client’s legal indiscretions had no bearing on the case and would prejudice the jury. Judge Charles W. McCoy agreed. In its motion for a new trial, Rye Brook, N.Y.-based Philip Morris also takes aim at the size of the verdict, saying it shows jurors were motivated by “passion and prejudice” against the cigarette maker. McCoy scheduled an Aug. 6 hearing on the motion and on an alternative request by the defense to reduce the damages to a maximum of $25 million. Boeken had two felony convictions during the 1970s — one involving stolen property and one for possession of a small amount of heroin. In 1993, he pleaded guilty to a federal charge of aiding and abetting wire fraud. The case involved a telephone boiler room operation that sold oil and gas properties in Wyoming in 1986-88. Boeken, who was one of the salesmen, testified for the government in the successful prosecution of his former boss. As part of a cooperation agreement, he pleaded guilty to one felony charge, received a suspended prison sentence and was ordered to pay a fine and $50,000 in restitution. Philip Morris’ lawyers said evidence from the wire fraud case could have helped the jury in evaluating Boeken’s credibility. Copyright 2001 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Trending Stories

 

Featured Product

Global Briefing

A weekly, curated selection of our international content from around the globe, across the business of law, in-house, regulatory, technology and more, with expert insights from our senior editors.

Learn More

More from ALM

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Privacy Policy

About Us / Contact Us / Site Map / Advertise With Us/ Customer Service / Terms of Service/ FAQ / Privacy Policy

Publications

Law Topics

Rankings

More

Law.com

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.