Opinion
98 CV 3287 (JBW)
September 17, 2001
Paul J. Bschorr, Esq., Vincent R. FitzPatrick, Jr., Esq., Michael Hefter, Esq., Heather K. McDevitt, Esq., Dewey Ballantine LLP, New York, NY, For Plaintiffs Blue Cross, et al.
Martha J. Talley, Esq., Dewey Ballantine LLP, Washington, DC, For Plaintiffs Blue Cross, et al.
Murray R. Garnick, Esq., Arnold Porter, Washington, DC, For Defendant Philip Morris, Incorporated.
Kevin J. Dunne, Esq., Sedgwick, Detert, Moran Arnold, San Francisco, CA, For Defendant Philip Morris, Incorporated.
James T. Conlon, Esq., Sedgwick, Detert, Moran Arnold, New York, NY, For Defendant Philip Morris, Incorporated.
David M. Covey, Esq., Sedgwick, Detert, Moran Arnold, New York, NY, For Defendant Brown Williamson Tobacco Corporation.
Kenneth N. Bass, Esq., Kirkland Ellis, Washington, DC, For Defendant Brown Williamson Tobacco Corporation.
Alan Mansfield, Esq., Greenberg Traurig, LLP, New York, NY, For Defendants Lorillard Tobacco Company, Lorillard, Inc.
Gary R. Long, Esq., Shook, Hardy Bacon, LLP, Kansas City, MO, For Defendants Lorillard Tobacco Company, Lorillard, Inc.
Steven Klugman, Esq., Debevoise Plimpton New York, NY, For Defendant Council for Tobacco Research, U.S.A., Inc.
Barry S. Schaevitz, Esq., Jacob, Medinger Finnegan, LLP, New York, NY, For Defendant Smokeless Tobacco Council, Inc.
R. Dal Burton, Esq., Womble, Carlyle, Sandridge, Rice, PLLC, Atlanta, GA, For Defendants R.J. Reynolds Tobacco Co., and RJR Nabisco, Inc.
Thomas D. Schroeder, Esq., Ursula M. Henninger, Esq., Womble, Carlyle, Sandridge, Rice, PLLC, Winston-Salem, North Carolina, For Defendants R.J. Reynolds Tobacco Co., and RJR Nabisco, Inc.
John B. Williams, Esq., Collier, Shannon, Rill, Scott, PLLC., Washington D.C., For Defendants R.J. Reynolds Tobacco Co., and RJR Nabisco, Inc.
Thomas J. McCormack, Esq., Chadbourne Parke LLP, New York, NY, For Defendant British American Tobacco (Investments) Limited (formerly known as British-American Tobacco Company Limited).
Joseph McLaughlin, Esq., Simpson Thacher Bartlett New York, NY, For Defendant BAT Industries P.L.C.
Bruce M. Ginsberg, Esq., Davis Gilbert, LLP, New York, NY, For Defendant Hill Knowlton, Inc.
Leonard Feiwus, Esq., Kasowitz, Benson, Torres Friedman LLP, New York, NY, For Defendants Liggest Group Inc., Liggest Myers, Inc., and Brooke Group Ltd.
Anthony R. Mansfield, Esq., Seward Kissel, New York, NY, For Defendant The Tobacco Institute, Inc.
Memorandum Order
On July 27, this Court heard argument on defendants' motion to set aside the jury's monetary verdict for plaintiff pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. At that time the Court requested the parties to consider the issue of attorney's fees under General Business Law section 349(h) and recoverable costs pursuant to Rule 54 (d) of the Federal Rules
of Civil Procedure. It suggested that the parties stipulate as to amounts. It also suggested that, considering the causes of action on which defendants prevailed and the nature of the claim upon which jury obtained a verdict, a 50% award to plaintiffs of attorney's fees and costs might be appropriate.
The Court expressed the view that fixing these sums and deciding these issues before final judgment was entered would be desirable. It would permit the appellate court to finally dispose of the case, if that was its wish.
To date the Court has not been advised by the parties of any action they have taken or wish the Court to take on the issues of attorney's fees and costs.
The Court wishes to enter a final judgment without further delay. The matter is set down for an evidentiary hearing on October 9, 2001 at 10:30 am. On or before October 1, 2001, parties shall exchange briefs, lists of proposed witnesses with summaries of expected testimony, and all documents. Reply briefs may be filed on or before October 5, 2001.
SO ORDERED