Document vB4gGXag8wxqKKmp175Yx3JDq

Aug-1 20 0 1 4 H1PM NMLRP CHSN SC 843 2 1 6 95 3 9 1 1 IN THE CIRCUIT COURT OF OHIO COUNTY 2 STATE OF WEST VIRGINIA 3 4 5 6 IN RE: TOBACCO LITIGATION : CASE NO. 00-C-6000 7 MEDICAL MONITORING CASES : 8 9 10 ifr 11 DOCUMENT CONFERENCE 12 Wednesday, June 20, 2001 13 VOLUME I 14 * * * 15 16 Whereupon the above entitled matter came on for 17 hearing before the Honorable Arthur M. Recht at the 18 Ohio County Courthouse, 1500 Chapline Street, Wheeling, 19 West Virginia, and the proceedings were as follows: 20 21 * * * 22 23 24 J 6 2001 4:11PM NMLRP CHSN SC 8432169539 No.0998 r P. 4 o' D 1 IN THE CIRCUIT COURT OF OHIO COUNTY 2 STATE OF WEST VIRGINIA 3 4 IN RE: TOBACCO LITIGATION : CASE NO. 00-C-.6000. 5 MEDICAL MONITORING CASES 6 7 8 9 10 DOCUMENT CONFERENCE 11 VOLUME III 12 13 * * * 14 15 16 Whereupon the above entitled matter came on for 17 hearing before the Honorable Arthur M. Recht at the 18 Ohio County Courthouse, 1500 Chapline Street, Wheeling, 19 West Virginia, and the proceedings were as follows: 20 21 22 * * * COPY 15. 1 4:11PM NMLRP CHSN SC 843 216 9539 No.0998 P. 5 32b 1 await further clarification. 2 MS. FORBES: That's fine, Your Honor. 3 MR. BAKER: Thank you. 4 *** 5 (Document No. 37372 admitted into evidence.) 6 * * * 7 THE COURT: Want a break? Katy wants a 8 break. Not me. I'll go through. 9 +** 10 (Brief Recess.) n *** 12 THE COURT: Be seated, please. 13 All right. What's next? 14 MS. FORBES: Good news to report the 15 plaintiffs are withdrawing the next one, which is 16 41070, Your Honor. 17 THE COURT: Withdrawn, okay. 18 MR. BAKER: Next, Your Honor, is 42308. 19 THE COURT: Okay. 20 MR. BAKER: Which is a Phillip Morris 21 document, admittedly it deals with ETS, but once again 22 it goes to the issue of lawyers involvement in the 23 research process. 24 MR. THOMAS: Your Honor, your prior rulings 15. 1 4:12PM NMLRP CHSN SC 843 216 9539 No.09 9 8 P. 6 327 1 in this case, I believe, dictate that this document be 2 excluded. If you look at the very beginning you see 3 who's present John P. Rupp of Covington & Burling, 4 which is an outside law firm. The highlighted portion 5 of the document that is offered to the jury is John 6 Rupp's advice, what John Rupp believes. As such, being 7 outside counsel, offering opinions and recommendations 8 to the client, I believe the Court's prior rulings 9 require that be excluded. 10 THE COURT: Well, if, in fact, it is. If, in 11 fact, it is an opinion. But it's prepared now by a 12 Frederick Dulles, and he's an employee of Phillip 13 Morris. 14 MR. THOMAS: In-house counsel to Phillip 15 Morris. 16 THE COURT: He's in-house counsel, okay. And 17 he's reporting about a meeting in France. 18 MR. THOMAS: In Switzerland, Your Honor. 19 THE COURT: Oh, it's Switzerland? 20 MR. THOMAS: ETS, environmental tobacco 21 smoke. 22 THE COURT: 1987. 23 MR. THOMAS: Correct, Your Honor. 24 THE COURT: Okay. And present -- Mr. Dulles 15. 1 4:12PM NMLRP CHSN SC 84'd 216 9539 No.imts p. / 32b 1 was present, right? And he is really preparing a 2 memorandum relating to that meeting. Isn't that -- 3 that's what it looks like to me. And what do we want, 4 meaning Phillip Morris. 5 Now, but the next paragraph you're talking 6 about privileged communication. Is that the one you're 7 talking about? 8 MR. THOMAS: That's-correct. That's the 9 highlighted portion to be read to the jury. 10 THE COURT: Okay. 11 MR. THOMAS: That's squarely within it, Your 12 Honor, that's outside counsel giving'a recommendation 13 or opinion to his client about litigation matters. 14 MR. BAKER: Just for your information, that 15 was found crime fraud in the state of Washington 16 litigation. 17 THE COURT: It is -- I'd say there would be 18 no privilege whatever with .this. If this isn't the 19 rankest example of an attempt to -- a crime fraud 20 exception, I don't know what would be. And I'm going 21 to admit it over the objection of Phillip Morris. 22 42308 will be admitted in evidence, be made 23 part of the record in this proceeding. It actually is 24 a fraud on the Court. 15. 1 4:12PM NMLRP CHSN SC 843 216 9539 No.0998 P. 8 329 1 ** 2 (Document No. 42308 admitted into evidence.) 3 Jr Jr 4 MR. BAKER: Your Honor, the next document is 5 it 21747 B&W. 6 MR. WOODSIDE: Your Honor, we have made a 7 number of objections including environmental tobacco 8 smoke being irrelevant, and I believe that in 9 accordance with the Court's ruling this may be admitted 10 over objection, and we're preserving our objections. 11 THE COURT:- All right. May be done. 21747 12 be admitted into evidence, made part of the record in 13 this proceeding, preserving to all the defendants their 14 objection. 15 I mean, clearly in regard to any matters on 16 these documents that make reference to or what's 17 referred to as environmental smoke, that's not coming 18 in. I mean, you're still going to -- to the extent 19 that you want the unhighlighted portions to come in, 20 you're still going to take a look at that. 21 MR. BAKER: We'd be happy to. 22 THE COURT: But clearly those are not coining 23 in. You follow me? 24 MR. BAKER: Right. We intend portion the