BLUE CROSS AND BLUE SHIELD v. PHILIP MORRIS, INC.

No. 98 CV 3287(JBW).

141 F.Supp.2d 320 (2001)

BLUE CROSS AND BLUE SHIELD OF NEW JERSEY, INC., et al., Plaintiffs, v. PHILIP MORRIS, INCORPORATED, et al., Defendants.

United States District Court, E.D. New York.

April 25, 2001.


Attorney(s) appearing for the Case

Dewey Ballantine LLP by Paul J. Bschorr, Vincent R. FitzPatrick, Jr., Michael Hefter, Heather K. McDevitt, New York City, Dewey Ballantine LLP by Martha J. Talley, Washington, DC for Plaintiffs Blue Cross, et al.

Arnold & Porter by Murray R. Garnick, Washington, DC, Sedgwick, Detert, Moran & Arnold by Kevin J. Dunne, San Francisco, CA, Sedgwick, Detert, Moran & Arnold by James T. Conlon, San Francisco, CA, for Defendant Philip Morris, Incorporated.

Sedgwick, Detert, Moran & Arnold by David M. Covey, New York City, Kirkland & Ellis by Kenneth N. Bass, Washington, DC, for Defendant Brown & Williamson Tobacco Corporation.

Greenberg Traurig, LLP by Alan Mansfield, Washington, DC, Shook, Hardy & Bacon, LLP by Gary R. Long, Kansas City, MO, for Defendants Lorillard Tobacco Company, Lorillard, Inc.

Debevoise & Plimpton by Steven Klugman, New York City, for Defendant Council for Tobacco Research, U.S.A., Inc.

Jacob, Medinger & Finnegan, LLP by Barry S. Schaevitz, New York City, for Defendant Smokeless Tobacco Council, Inc.

Womble, Carlyle, Sandridge, & Rice, PLLC by R. Dal Burton, Atlanta, GA, Womble, Carlyle, Sandridge, & Rice, PLLC by Thomas D. Schroeder, Ursula M. Henninger, Winston-Salem, NC, Collier, Shannon, Rill, & Scott, PLLC by John B. Williams, Washington DC, for Defendants R.J. Reynolds Tobacco Co., and RJR Nabisco, Inc.

Chadbourne & Parke LLP by Thomas J. McCormack, New York City, for Defendant British American Tobacco (Investments) Limited (formerly known as British-American Tobacco Company Limited).

Simpson Thacher & Bartlett by Joseph McLaughlin, New York City, for Defendant BAT Industries P.L.C.

Davis & Gilbert, LLP by Bruce M. Ginsberg, New York City, for Defendant Hill & Knowlton, Inc.

Kasowitz, Benson, Torres & Friedman LLP by Leonard Feiwus, New York City, for Defendants Liggest Group Inc., Liggest & Myers, Inc., and Brooke Group Ltd.

Seward & Kissel by Anthony R. Mansfield, New York City, for Defendant The Tobacco Institute, Inc.


MEMORANDUM & ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

Defendants proffer the factual findings of a judge of the Quebec Superior Court to impeach one of plaintiff's experts. In a non-jury trial raising factual issues similar to the instant one the judge denigrated the conclusions of the expert. Plaintiff's motion to exclude is granted. The evidence is inappropriate.

II. Facts

The allegations — fraud...

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