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TI involvement in tort reform < PREVIOUS | 246972 | NEXT >
From: anne@tobaccodocuments.org
Date: Thu, 09/16/04

Anne Landman, Research Specialist
Posting Date: Thursday, September 16, 2004 (*Originally posted Tuesday, July 6, 2004) 
Tort Reform Project Budget
 
Company/Source:  Philip Morris
Document Date: 03 Oct 1995
Length: 9 pages
Bates No. 2047648299/8307
 
    This document is a privileged and confidential Philip Morris Tort Reform Project Budget from 1995-96.  It shows how well-funded and widespread the tobacco industry's plan to alter the American judicial system is.  It lists all the consultants, organizations, individuals and law firms the industry funded to promote alteration of the legal system in 1995-96. 
 
   In 2002, the consumer advocacy organization Public Citizen investigated the roots of the U.S. "tort reform" movement and found that this "movement" is actually a massive national PR effort initiated by the tobacco industry to reduce or eliminate exposure to liability law suits.  The tobacco industry enlisted the participation of other industries like chemical manufacturers, pharmaceutical companies, automobile manufacturers, insurance companies and others to alter the U.S. system laws ("tort") that give sick and injured consumers access the court system.  Today's document reveals that the tobacco industry alone budgeted fully $21.8 million for the tort reform effort in the single year of 1995.  (Public Citizen's report can be seen among the industry's documents at

    Today's featured document also shows that the industry paid the international public relations firm APCO Associates almost $1 million in 1995 to implement behind-the-scenes tort reform efforts.  APCO's job was to create chapters of "grassroots" citizens' groups called Citizens Against Lawsuit Abuse (CALAs).  Another Philip Morris document about tort reform states, "APCO has been setting up...Citizens Against Lawsuit Abuse chapters...I would argue that it is important to continue because grass roots agitation for tort reform helps us to protect [our interests in SB 241 (a tort reform bill before the California legislature]." http://legacy.library.ucsf.edu/cgi/getdoc?tid=kjr67d00&fmt=pdf&ref=results

    A January 1995 "privileged and confidential" memo from Covington and Burling (a long-time tobacco industry law firm) states that, to be effective, media activities promoting tort reform "must not be linked to the tobacco industry." http://legacy.library.ucsf.edu/cgi/getdoc?tid=lao00e00&fmt=pdf&ref=results

   Yet another "highly confidential" 1994 Philip Morris memorandum states,

"Our success in the tort battles in the past two years has resulted in part from our ability to find non-tobacco industry messengers to head the fight.  Our success in battling [Florida-type Medicaid legislation] will come in part from our ability to [use] the more acceptable public face of key business association or coalition leaders." http://legacy.library.ucsf.edu/cgi/getdoc?tid=hym22a00&fmt=pdf&ref=results

----------------------------
Notes
I am re-posting this document due to a special request (see Letters to the Editor, below).
-------------------------------
Company: Philip Morris
Author: Presumed corporate author, Philip Morris
Recipient: Presumed corporate recipient, Philip Morris
Region: United States
Operation/Project: Tort Reform Project (Tobacco industry effort to reform U.S. judicial system)
       The tobacco industry spearheaded a massive national movement aimed at altering the American judicial system to prevent/restrict lawsuits against it.
Named Organization: Alabama Voters Against Lawsuit Abuse
American Legislative Exchange Council (Entity through which PM launders favors and donations)
American Tort Reform Association (Manufacturers for tort reform)
       Association funded by manufacturers which tries to change in American laws to benefit product manufacturers in lawsuits involving their products.
Apco Associates (Global public relations company)
       Retained by PM to organize the front group TASSC, ("The Advancement of Sound Science Coalition")
Associated Industries of Florida
Audio Master
BG & Associates Intl
Bode Call
Briggs Morgan
Bruce S Rogow Pa
Calvin M Whitesell
Carpenter Snodgrass + Associates
Citizens Against Lawsuit Abuse (CALA) (Corporate-created "grassroots" groups)
Citizens Coalition
Citizens for a Sound Economy (Powerful industry-funded think tank that promotes deregulation of industry)
Civil Litigation Report
Cohn Wolfe (International public relations firm)
Communications Group
Corporate Relations Management
Covington & Burling (Tobacco Industry law firm)
       Tobacco industry law firm. Was involved in organizing the Whitecoat Project.
Crowell Moring
Danwal Security Services
Dickstein Shapiro
Don Beason
Doyle Nelson
Duke Univ
Ferriter Scobbo
Florida Conference of Black State Legislators
Florida Consultants
Fowler White
Greenberg Traurig
Hill Barlow
Howard Rice
Il Mfg Assn
Jr Publishing
J Larry Williams
Kathleen E Daley + Associates
Kelsh Kelsh
Lamonica
Latham Watkins
Louisinanans for Legal Reform
Louisianans Assn of Business + Industry
L Garry Smith + Associates
Mi Voters Against Lawsuit Abuse
Mn Civil Justice Coalition
Montgomery Smith
Mullenholz Brimsek
Murphy Pintak
M Fair
Natl Assn of Attorneys General
Natl Media
NC Citizens for Business + Industry
New England Legal Foundation
Nielsen Merksamer
Ohio Alliance for Civil Justice
Pennington Haben
Piper Marbury
Preti Flaherty
Princeton Public Affairs Group
Product Liability Alliance
Public Opinion Strategies
RDB Associates
Richard A Epstein
Riker Danzig
Rogers Towers
Roland House
Ronald L Book Pa
Rubin Barney
Rubin Group
Rutledge Ecenia
Shannon Ratliff
Shook Hardy & Bacon (Tobacco Industry law firm)
       Tobacco Industry law firm based in Kansas City, KS.
Sinsheimer Group
Southern Strategies
Spearman Management
Stateside Associates
Steel Hector
Stock Video
Trice Talent Services
Texas Civil Justice League
Virgil Scudder + Associates
ABC Blueprinting
Litigation: Stmn/Produced
Type: BUDG, BUDGET, BUDGET REVIEW
CHAR, CHART, GRAPH, TABLE, MAPS
REPT, REPORT, OTHER
Subject: industry activity
industry front group
industry influence
industry recommendation
industry response
industry strategy

Letters to the Editor:
Dear Anne:

Because the issue of tort reform has come up during the presidential campaign, I think re-sending this July 6, 2004 doc-alert from Philip Morris titled "Tort Reform Project Budget" dated 03 Oct 1995, through doc-alert would be timely.  It is important that the public at large and our elected officials be clear as to the force behind this tort reform movement.  In this alert you appropriately highlighted "...Our success in the tort battles in the past two years has resulted in part from our ability to find non-tobacco industry messengers to head our fight..."  You also highlighted the even more telling statement in the attached Covington & Burling "Memorandum to the Tort Reform Police Committee, "Because these media activities, to be effective, must not be linked to the tobacco industry, we hope that significant industry funding encourages other groups to make similar contributions to support such activities."

There probably isn't a person in our country who hasn't been personally affected by the death or illness of a smoker.  People have a right to know what influence the tobacco industry has had on national policy, particularly in the area of tort reform.  I am delivering a copy of this doc-alert to my Congressman, and hope others will share this information far and wide.  Please consider re-issuing this doc-alert.

Thank you,
Janet Lilienthal
Massachusetts Tobacco Control Activist

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