Hub law firm's bid to collect $1.25B in tobacco fees raises ire

Boston Herald ^ | 11/3/03 | David Weber

[Tumbleweed_Connection]

A Boston law firm is being tarred as a greedy embarrassment to the legal profession and a threat to Massachusetts' fiscal health as it prepares to go to trial today in its lawsuit against the state for $1.25 billion in legal fees on top of $775 million it already stands to collect.

The firm of Brown Rudnick Berlack Israels says it simply is asking the state to honor the terms offered to the firm to assist in a landmark lawsuit against the tobacco industry. The state counters that the 1998 settlement was so large that the 25 percent contingency is no longer reasonable.

``This lawsuit is about greed. Nothing else. Pure and simple,'' said former Maine Attorney General James E. Tierney, one of the states' principal negotiators of the tobacco settlement. ``For (Brown Rudnick) to claim a percentage of that money - not just past, but future - shocks the conscience.''

Brown Rudnick, which handles legal issues for the Herald, was hired by the state in 1995 to assist in the suit charging the tobacco industry with generally poisoning people's health and causing huge medical expenses. The suit ended in 1998 with a mammoth $246 billion settlement to be divided among all 50 states over 25 years, with additional money each year after that.

Massachusetts's share of the initial settlement is roughly $8.3 billion, and Brown Rudnick's contract stipulated that the firm receive 25 percent of any money recovered.

Legislative leaders said a Brown Rudnick court win could have a severe impact on state-funded medical services that have come to be paid for by the approximately $285 million annual payment.

Brown Rudnick spokeswoman Karen Schwartzman said, ``This trial will determine whether the commonwealth, after entering into two written contingent fee agreements, can now avoid its obligation to pay the 25 percent fee by claiming it is unreasonable.''

[Judith Anne]

Way to go, Metesky!

This article just highlights one small part of the complete idiocy surrounding the entire smoking controversy. I'm still angry that an entire industry that served American smokers for many years was targetted and caved. That industry also helped growers, harvesters, producers, sellers, and generated untold millions in jobs, tax revenues--and here I go again with another run-on sentence.

I've heard it said that 1/6th of smokers die of smoke-related illness. Assuming that's true, and I doubt it, that means 5/6ths die of something else. And I think the 1/6th figure is exaggerated. Don't even get me started on second-hand smoke, which causes exactly NO disease or death.

I despise the tobacco companies for not putting up a better defense, I despise the propagandists who want everyone to think that a molecule of cigarette smoke is assault with a deadly weapon, I despise the nanny governments who want to tell everyone how to live and what to do and where to do it.
I depise the lawyers whose greed is unbounded, as they put on a cloak of hypocrisy and claim that their concern is the health of the average American when all they have EVER wanted is the huge egregiously obscene legal fees they thought they were guaranteed from the backs of average American smokers.

In fact, bleep them all. Bleep the whole frikken bunch.

[Gabz]

I'm so proud of you!!!!!!

[Mears]

The revolution has already begun in my house.

I have my ex husband and my daughter,both nonsmokers,as upset as I am about the approximately 100% tax that I pay on a carton of cigs.

We are working on ways to get Grammy cigs without taxes,some slightly "iffy" as far as legalities go,but even they were shocked at the taxes.If those two are on my side I can't lose.

The Commonwealth of Massachusetts(I think they forgot what commonwealth means)is even trying to get the names of internet cig purchasers from the delivery services. Big Brother is alive and well in Mass.

As SHeLion posted earlier go after all the other Internet and Mail Order companies that don't get the taxes then come after us.

I never thought I'd be rooting for a law firm but this time I am.

[Mears]

God,Judith Anne,I wish I had the way with words that you do. You always say exactly what I'm thinking.

Keep the words coming,it's joy to my ears(or eyes in this case).

You made me feel so good I'm going to have something very chocolatey and sinful,drink a sinful cup of black coffee and smoke two sinful cigarettes.

Mears aka The Sinner

[Conspiracy Guy]

It's easy to pull for the law firm when they turn on the nanny gummit. I hope they win big time.

[TexasCajun]

They had better talk with Texas ex-attorney general, Dan Morales on this. They can contact him at the State Prison.

[Judith Anne]

What would be sinful would be picking the pockets of all the Americans who smoke, and then lying about it. Compared to that bleeping nanny-state sanctioned thieving and hypocrisy, your chocolate, caffeine, and nicotine consumption is a corporal act of mercy. jmho. ;-D

[SheLion]

What are they going to DO? Raise taxes on cigarettes AGAIN in order to pay for this LAWSUIT? And they wonder why smokers are running to the INTERNET!

I swear, between the lawmakers and lawyers, I'm surprised ANY of us have any money left!

[SheLion]

Brown Rudnick, which handles legal issues for the Herald, was hired by the state in 1995 to assist in the suit charging the tobacco industry with generally poisoning people's health and causing huge medical expenses. The suit ended in 1998 with a mammoth $246 billion settlement to be divided among all 50 states over 25 years, with additional money each year after that.

Causing HUGE MEDICAL EXPENSES?  How dumb do they think we are!  Most of us HAVE health insurance, thank you!

The BIG LIE That Smoking is an Economic Burden To Society

Also! I can't get this out there enough:  The Tobacco Settlement Money is being paid for BY SMOKERS WHO PAY TAXES ON CIGARETTES.  NOT the Government and NOT Big Tobacco.  THE SMOKERS.  We pay MORE then our fair share!  I wish people would wake up here!

 

[SheLion]

I got a call last week from Phillip Morriss doing an online poll and had the extreme pleasure of personally telling one of their representatives pretty much what you just said, only without the online restraint.

This is ANOTHER thing that makes me SCREAM! Has anyone had the displeasure of seeing Phillip Morris's ad on TV about how bad smoking is? And how smokers can go to their web site to find out how to stop SMOKING?

Then WHY IS PHILLIP MORRIS STILL SELLING CIGARETTES IF THEY THINK IT'S SO DAMN BAD FOR US. They are beyond belief and the lowest of the low. I hate Phillip Morris. They are a bunch of two-faced SOB'S!

[Hot Tabasco]

This lawsuit is about greed. Nothing else. Pure and simple,'' said former Maine Attorney General James E. Tierney

LOL! Take your pick of which lawsuit he is talking about........

Go Snakes Go!