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¹ This Amended Memorandum Opinion corrects the citation on page 1536, line 11 to read: United States v. Local 1084-1, Int'l Longshoremen's Ass'n., 812 F. Supp. 1303, 1310-15 (S.D.N.Y. 1993); and deletes the last sentence on page 1552, n. 23.
⁵ The eleven Defendants were: Philip Morris, Inc., now Philip Morris USA, Inc. ("Philip Morris"), R.J. Reynolds Tobacco Co., now Reynolds American ("R.J. Reynolds"), Brown & Williamson Tobacco Co., now part of Reynolds American ("Brown & Williamson"), Lorillard Tobacco Company ("Lorillard"), The Liggett Group, Inc. ("Liggett"), American Tobacco Co., merged with Brown & Williamson which is now part of Reynolds American ("American Tobacco"), Philip Morris Cos., now Altria ("Altria"), B.A.T. Industries p.l.c. ("BAT Ind."), now part of BATCo, British American Tobacco (Investments) Ltd. ("BATCo"), The Council for Tobacco Research-- U.S.A., Inc. ("CTR"), and The Tobacco Institute, Inc. ("TI"). The latter two entities do not manufacture or sell tobacco products, but are alleged to be co-conspirators in Defendants' tortious activities. BAT Ind. has been dismissed for lack of personal jurisdiction. All Defendants but Liggett joined together in common defense (the "Joint Defendants"). In 2003, the Court granted the Motion of British American Tobacco Australian Services, Ltd. ("BATAS") to intervene for the limited purpose of asserting and protecting its interests in litigation documents. Order #449. -10-
⁷ These allegations have been further described in U.S. v. Philip Morris Inc., 116 F.Supp.2d at 136-38. -12-
⁹ "Enterprise" is a statutory term contained in 18 U.S.C. § 1962(c). The Court's use of it in these Findings does not imply that Defendants' activities meet the statutory definition contained in 18 U.S.C. § 1961(4). That issue will be fully discussed in the Conclusions of Law. -15-
¹⁹ The Court is distinguishing between cigarettes which actually reduce the smoker's consumption of harmful constituents and those which, despite their marketing, do not (e.g., light/low tar cigarettes). See Section V(E), infra. -656-
²⁸ Many of the Findings in this Section may overlap with or repeat or flow from the Findings set forth in Section ___, supra (Addiction). -786-
³¹ Defendants claim that these statements are protected under the Noerr-Pennington doctrine. That is a legal issue which is resolved in the Conclusions of Law, herein. -1266-
³² At trial, Eisenberg, the director of CIAR, denied that CIAR sponsored the Liao/Hong Kong study at all. Eisenberg TT, 11/9/04, 5568:27-5569:3. The Court does not credit this testimony. -1303-
³⁴ In 1991, Kraft General Foods, a subsidiary of Philip Morris Companies (now Altria), continued the Philip Morris support of AHF. That year, Kraft gave AHF $657,500 toward its five year commitment of nearly $2 million for a research and education program to be conducted from