Tribe Awaits High Court Decision

Tyler Professor of Constitutional Law Laurence H. Tribe is awaiting the results of his latest case before the Supreme Court--a suit against three tobacco companies on behalf of the family of Rose Cipollone.

When Cipollone died, after smoking for 40 years, her family decided to sue the tobacco companies. On January 13, Tribe argued before the high court that the companies failed to warn Cipollone of all the dangers of smoking.

But Tribe could have ended up on the other side of the fight.

Tribe said yesterday that National Public Radio recently reported that one of the tobacco companies involved had offered him more than one million dollars to present its case. Although he described the story in detail he refused to comment on its validity.

"There are ethical limits as to revealing which cases you refuse," Tribe said in a telephone interview with The Crimson yesterday.

Josiah S. Murray III, vice-president and general counsel of the Liggett Group tobacco company, said that Liggett did not offer Tribe any position but would not speak for the other cigarette companies involved. The tobacco firms Phillip Morris and Lorillord could not be reached for comment.

Tribe--who is arguing the Cipollone case pro bono, or without pay--based his argument on two pieces of congressional legislation in 1965 and 1969 which place restrictions on tobacco companies.

"If you read the legislation carefully you conclude that federal law limited what state courts and state legislatures could do only in a very narrow way," Tribe said.

Tribe said he disagrees with the tobacco industry's claim that the legislation provides immunity to the companies if they issue the specific Surgeon General's warnings.

"The companies think they may deceive thepublic. They think they're free to concealemerging data on other hazards of smoking," Tribesaid.

Tribe said he attempted to prove that thecigarette companies engaged in a conspiracy toconceal information from consumers.

The repercussions of the case, ThomasCipollone V. Liggett Group Inc., could befar-reaching, according to Tribe. "If we win, itwill inaugurate an avalanche of similar cases," hesaid.

Murray of Liggett Group said he would notcomment on legal arguments while the case waspending. The two other companies could not bereached for comment.

Tribe said that the case will likely be decidedsoon by the Supreme Court. If Tribe wins, thefamily will be allowed to sue the companies. Buthe said he may not stay on the case-but willprobably continue to advise the prosecution.

Tribe said he is waiting for the Supreme Courtto decide whether it will hear three other caseshe plans to argue.

Tribe said he will argue on behalf of Haitianrefugees in their attempt to prevent PresidentGeorge Bush from sending them back to Haiti. Hesaid he also plans to represent a group ofmentally retarded individuals in Indiana who wereforced to work full-time as well as a groupopposing the right of Holocaust revisionists tosue people who protest their opinions

"The companies think they may deceive thepublic. They think they're free to concealemerging data on other hazards of smoking," Tribesaid.

Tribe said he attempted to prove that thecigarette companies engaged in a conspiracy toconceal information from consumers.

The repercussions of the case, ThomasCipollone V. Liggett Group Inc., could befar-reaching, according to Tribe. "If we win, itwill inaugurate an avalanche of similar cases," hesaid.

Murray of Liggett Group said he would notcomment on legal arguments while the case waspending. The two other companies could not bereached for comment.

Tribe said that the case will likely be decidedsoon by the Supreme Court. If Tribe wins, thefamily will be allowed to sue the companies. Buthe said he may not stay on the case-but willprobably continue to advise the prosecution.

Tribe said he is waiting for the Supreme Courtto decide whether it will hear three other caseshe plans to argue.

Tribe said he will argue on behalf of Haitianrefugees in their attempt to prevent PresidentGeorge Bush from sending them back to Haiti. Hesaid he also plans to represent a group ofmentally retarded individuals in Indiana who wereforced to work full-time as well as a groupopposing the right of Holocaust revisionists tosue people who protest their opinions