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• Secret deal ends tobacco trial 

A tobacco liability trial in St. Louis potentially worth millions has ended with a settlement so confidential that the lawyers are forbidden to acknowledge it.

On Monday, Kenneth B. McClain, attorney for Carole Sue and Keith Mattern, said, "By agreement, I'm not able to confirm the existence of or any of the terms of any potential settlement agreement. However, we were extremely pleased with the trial, and my clients are very satisfied that this matter has been resolved short of a jury verdict."

McClain asked jurors in his closing arguments for $15 million in actual damages.

If jurors had decided to award punitive damages, those could have run into hundreds of millions of dollars or more. . . .

Friday morning, jurors told Circuit Judge Lisa Van Amburg that they were having trouble reaching a verdict. Lawyers agreed to the settlement after Van Amburg told them to keep trying and they took a lunch break, according to court files.

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By agreement, I'm not able to confirm the existence of or any of the terms of any potential settlement agreement. However, we were extremely pleased with the trial, and my clients are very satisfied that this matter has been resolved short of a jury verdict.
Kenneth B. McClain, attorney for Carole Sue and Keith Mattern. The last word?

• Liggett Settles Missouri Lung Cancer Trial 

Liggett Group today settled an individual lung cancer case as the jury deliberated and avoided the prospect of a large compensatory and punitive damages awards. While the terms of the settlement were not immediately known, a source close to the litigation characterized the plaintiffs' as being elated with the result. . . .

COMMENTARY

Edward L. Sweda, Jr., Senior Staff Attorney for the Tobacco Products Liability Project at Northeastern University School of Law, a non-profit organization that supports tobacco litigation as a public health strategy, noted that, "despite some ups and downs, tobacco litigation is alive and well. When an industry engages in conduct as reprehensible as the tobacco industry has, our civil justice system will provide an opportunity for redress in the courts."

Mark Gottlieb, Director of the Tobacco Products liability Project noted: "Clearly, Liggett did not like its chances in the hands of the jury and decided that a settlement was a better risk than the possibility of large punitive damages. While the multi-billion dollar cases garner the most attention, the drumbeat of individual cases for the tens of thousands of victims of the cigarette companies serves as a reminder that the products that this industry sells are both addictive and lethal." "

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• MATTERN VS BROWN AND WILLIAMSON TOBACCO 

• MATTERN VS BROWN AND WILLIAMSON TOBACCO 

12/01/05 - Plaintiffs' Supplemental Brief in Opposition to Defendant's Motion for Summary Judgment on Plaintiffs' Fraud and Conspiracy Claims, filed.

12/01/05 - Cause again called, parties and jury again appear. Jury trial resumes.

12/01/05 - The Court reads Instruction M.A.I. 2:01 to the jury panel. Opening statement on behalf of Plaintiffs and Defendant began and concluded.

12/01/05 - The Court calls a luncheon recess and admonishes the jury. Court to resume at 1:00 p.m. SO ORDERED: 24758-JUDGE LISA VAN AMBURG

12/01/05 - Cause again called, parties and jury again appear. Jury trial resumes.

12/01/05 - Testimony on behalf of the Plaintiffs begun and concludes not .

12/01/05 - The Court calls a recess and admonishes the jury. Court to resume at 3:40 p.m. . SO ORDERED: 24758-JUDGE LISA VAN AMBURG

12/01/05 - Cause again called, parties and jury again appear. Jury trial resumes.

12/01/05 - Testimony on behalf of the Plaintiffs continues and concludes not .

12/01/05 - The Court calls an evening recess and admonishes the jury. Court is adjourned until Monday, December 5, 2005 at 9:00 a.m. SO ORDERED: 24758-JUDGE LISA VAN AMBURG

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