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BARNES v. R.J. REYNOLDS TOBACCO CO.

246 N.J. Super. 348 (1991)

587 A.2d 667

ANN MARIE T. BARNES, PLAINTIFF-RESPONDENT, v. R.J. REYNOLDS TOBACCO CO. AND THE TOBACCO INSTITUTE, DEFENDANTS-APPELLANTS, AND BROWN & WILLIAMSON TOBACCO CORPORATION, INTERVENOR-APPELLANT. JOHN PAUL BERKO, SR., AND CORINNE BERKO, PLAINTIFFS-RESPONDENTS, v. R.J. REYNOLDS TOBACCO CO., DEFENDANT-APPELLANT. DORIS SMITH AND LEROY SMITH, PLAINTIFFS-RESPONDENTS, v. R.J. REYNOLDS TOBACCO CO. AND THE AMERICAN TOBACCO CO., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1991.

Attorney(s) appearing for the Case

Alan E. Kraus argued the cause for appellants (Riker, Danzig, Scherer, Hyland & Perretti, attorneys for R.J. Reynolds Tobacco Co.; Jones, Day, Reavis & Pogue, of counsel; Norris, McLaughlin & Marcus, attorneys for Brown & Williamson Tobacco Corporation; Paul, Weiss, Rifkind, Wharton & Garrison, of counsel; Dughi & Hewit, attorneys for The Tobacco Institute; Covington & Burling, of counsel; Kenney & Kearney, attorneys for The American Tobacco Company; Chadbourne & Parke, of counsel).

Frederick J. Dennehy argued the cause for respondents (Wilentz, Goldman & Spitzer, attorneys; Frederick J. Dennehy, on the brief).

Before Judges GAULKIN, HAVEY and SKILLMAN.

The opinion of the court was delivered by SKILLMAN, J.A.D.

Pursuant to leave granted, defendants and intervenor Brown & Williamson Tobacco Company (B & W) appealed from the denial of their motions to disqualify Wilentz, Goldman & Spitzer (the Wilentz firm) from serving as co-counsel to plaintiffs in these three lawsuits. Subsequently, the Supreme Court of New Jersey decided Dewey v. R.J. Reynolds Tobacco Co., 109 N.J. 201

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