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Anne LandmanPosting Date:  Tuesday, January 13, 2004
      "Son of a Bitch" memo -- MEMORANDUM FROM RJR OUTSIDE LITIGATION COUNSEL TO
RJR OUTSIDE LITIGATION COUNSEL, FORWARDED TO PHILIP MORRIS IN-HOUSE COUNSEL,
DISCUSSING LEGAL ISSUES AND STRATEGY IN CALIFORNIA LITIGATION INVOLVING THE
TOBACCO INDUSTRY

      Company/Source:  R.J. Reynolds
      Document Date:  29 April 1988
      Length: 1 page
      Bates No.   LOR 98314140,  PM 2072706792, PM 2072706797, PM 2074071473 . 
Only one copy of this memo is posted on the Internet (by a private law firm). 
      (This copy has no Bates number printed on it, however.  The above Bates
numbers are from privileged copies, the data for which is available at the
Legacy Tobacco Documents Library):  
      URL: http://www.kazanlaw.com/Feature/rjrbitch.html
      The image of this document is provided by the law firm of Kazan, McClain,
Edises, Abrams, Fernandez, Lyons & Farrise, A Professional Law Corporation,
Oakland, California, (510) 465-7728, through their web site at www.kazanlaw.com 


          This is the famous "son of a bitch" memo written by Mike Jordan, an
attorney with the law firm of Womble, Carlyle, Sandridge, & Rice in
Winston-Salem, NC.  Jordan served as an outside attorney for the R.J. Reynolds
Tobacco Company.   In the memo, Jordan is discussing strategies used in asbestos
and tobacco litigation in California.  Jordan writes,

        "...[T]he aggressive posture we have taken regarding depositions and
discovery in general continues to make these cases extremely burdensome and
expensive for plaintiff's lawyers, particularly sole practitioners.  To
paraphrase General Patton, the way we won these cases was not by spending all of
Reynold's money, but by making that other son of a bitch spend all his."
          This memo was used by attorney Steven Kazan in Haines v. Liggett Group
Inc., 814 F.Supp. 414 (D. N.J. 1993)  [Exhibit D]. 
            -----------------------------------------------
           
            Quotes:


              Although it is not confirmed in writing at this point, during the
week of April 25 John Robinson agreed to dismiss his cases against the tobacco
industry.  Presently I am unsure as to the mechanics of the dismissal, but I
suspect that we will receive orders of dismissial in cases filed by John solely,
whether served or unserved....

              ...This agreement seems to be the result of two factors.  First,
the California Supreme Court recently ruled that Proposition 51, the proposition
that affected joint and several liability, was not retroactive.  This meant
asbestos plaintiffs' lawyers could satisfy their entire judgement from any
solvent asbestos company, thus eliminating the need to have tobacco as a party
to bear a pro rata share.  Secondly, the agressive posture we have taken
regarding depositions and discovery in general continues to make these cases
extremely burdensome and expensive for plaintiff's lawyers, particularly sole
practitioners.  To paraphrase General Patton, the way we won these cases was not
by spending all of Reynold's money, but by making that other son of a bitch
spend all his.

            ----------------------------------------------------------- 
            Company: R.J. Reynolds 
            Author: Jordan, Mike -- Jordan was an attorney for Winston-Salem, NC
(NLJ 5/30/88).  The firm was Womble, Carlyle, Sandridge, & Rice in
Winston-Salem, NC (NLJ 5/30/88).  Outside lawyer for R.J. Reynolds Tobacco Co.
in 1988  
            Recipient: S&H Attorneys (Smoking and Health attorneys) 
            Region: United States 
            Type: Memorandum 
            Named Organization: California SupremeCourt      
           
            Subject:


            Litigation:  litigation
            industry strategy
            corporate strategy
            Haines v. Liggett Group Inc., 1993 

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Anne Landman, Tobacco Document Research Specialist

American Lung Association of Colorado

Tobacco Document Research Annex

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