Document NeG6ndVrN7Yz9eVmx6ew5kyrV

TiMahnor Page 93 1 did not know about the dangets of smoking in ' 2 the 1960s. The question 1 was asked is.that 3 true? Therefore, I had to ask the question of 4 what was available in the way of information 5 about smoking and its effectson health. The 6 nature'df the assignment was what you might 7 call a public awareness assignment. 8 I was thought to be the person 9 who had studied how various citizen grbups 10 became aware of'problems, and how various 11 interest groups had argued about those 12 problem's,--aiid I-applied that to the area of 13 smoking and looked into what>union documents 14 showed, what union publication' showed, what 15 general literature showed, and that both1 16 brought me into contact with the claims that I 17 made about the Interaction between asbestos^and' 18 smoking, and'at th&same time brought Me into 19 close con nection--to all of the publicly ' 20 available documentation that-had to do with 21 cancer, which was a central theme of the 1960s,22 as you know. 23 Through-that, I thihk, I extended 24 my understanding of asbestos as a controversial 25 matter in the world OPpublichealth,-and a Page 95 1 A. Yes.2 Q. You consulted with this law firm 3 on behalf of R.J. Reynolds? 4 A. The only problem I have is the 5 consulting. I was asked to write a report 6 about public-knowledge of smoking dangers. So, 7 I didn't consult. I wrote a report for them. 8 Q. What did they do with the report? 9 A. They thought about bringing it to 10 the trial. I was deposed, and in the end they 11 decided that the report had not been objected 12 to by the other side. So, they didn't have to 13 argue it. 14 Q. They admitted your report rather 15 than come testifydive? 16 A. Not rather than; I wrote the 17 report. They submitted that report. The other 18 side didn't contest that part of the report. I 19 was deposed by the opposing attorneys, and in 20 the end, Jones Day decided they didn't need me 21 at trial because it wasn't one of the most 22 contentious matters anymore. 23 Q. I don't mean to argue about this. 24 but your report on behalf of R:J. Reynolds 25 became evidence at this trial? Page 94. Page 96 1 controversial matter in the world of regulating 1 A. -1 suppose so. I'm sufficiently 2 industry:- . >'- ! 2 innocent of-legal details .to know how -to -- 3 Q. You were an'expert Witness on > 3 describe- that. If Was submitted: 4 behalfof tobacco in-thht cas'e? 4 Q: But you're a law professor. 5 A. I did a report, but I wasn't 5 A: Yes. I'm a profeSsor-at-a law 6 actually called to trial. Itwds, 1 believe, 1 6 school, and I talk about health and healthcare. 7 think of it as working for JOnes Day,but I 7 There is another person that talks aboutJegal 8 believe their client was Russell Reynolds. 8 technicalities, but the answer i I'm Sure it 9 QiiWhatis-Russell Reynolds? 1 - | 9 was submitted1, because I was prCpafed to go on 10 'i' -^i';!lReyb|oldV-T!ob'a1icfen.'i '-'`'' - 1 : 10 trial if it was contested-. 11 Q: R.J. Reynolds? ' : 11 Q. Can you give me in a nutshell 12 A. I'm sdrryi'yeS. 'RuSSell Reynolds 1 12 what your opinion was regarding who knew what. 13 is a headhunting'firm: 13 when in this tobacco case? 14 Q. 'He'iS a'courttry;singef-too;I " 14 A. I can. 15 think. ' ` 15 Q. Please. 16 Let me get-this straight-to make 16 A. My claim was that by 1964, when 17 sure I understand.-Yon-Were retained by-the 17 the Surgeon General's report came out, no 18 Jones Day- law firm in accuse Where the 18 health'and welfare fund of a union was unaware 19 boilermaker union pension fund sued R.J. 19 of the dangers of smoking to the health of 20 Reynolds? 20 their members. That was conclusion number one. 21 A. Among others. 21 Conclusion number two was that 22 Q. Among other tobacco companies? 22 the claim that had they known, they would have 23 A. Yes.' 23 given differential health insurance prices to 24 Q. The Jones Dayfinti represented 24 their members was one thatnothing in the 25 one of these tobacco companies? 25 politics of labor supported as an alternative 24 (Pages 93 to 96) POHLMAN REPORTING COMPANY (314)421 -0099