Tribe Wins Case About Tobacco

A Supreme Court decision this week, which clears the way for damage suits against the tobacco industry, will have grave consequences for cigarette manufacturers, Tyler Professor of Law Laurence H. Tribe said in an interview Thursday.

Tribe, who argued the case before the high court, said the 7-2 ruling will spur more legal action by long-time smokers. Local governments can now force companies to release medical information about their products.

"It's possible to see what a totally new landscape has been cleared by this," said Tribe, who argued that that the tobacco industry's compliance with labeling regulations did not made it "immune to any other form of state regulation."

"State and local governments can now impose official obligations on the tobacco industry with respect to the pro- vision of full access to medical information intheir possession, including the effects of smokingon bystanders," Tribe said.

Potential plaintiffs still cannot use companiesfor failing to provide comprehensive healthinformation in product advertising. But they cannow sue companies that do not provide hotlines orpamphlets to explain the full implications ofcigarettes, Tribe said.

Although tobacco industry officials have saidthe decision will have little effect on thesuccess of such suits, Tribe called thoseassertions "utterly ludicrous."

"There's a mass of information... andsubstantial evidence of deception and conspiracy,"Tribe said.

Tribe added that the industry's claims ofvictory are also "part of [its] attempts toprevent really talented people from taking thecase."

Tribe said he was offered "a lot of money bythe industry to represent them" in the same case afew years earlier, but refused.

"It was clear that money was not an object [tothe industry,]" he said.

Instead, Tribe worked pro bono torepresent the family of Rose Cipollone, who diedof lung cancer in 1984. winning the case, Tribesaid, gave him "a certain Sweet feeling."

Though the case had already appeared before theCourt in October, the justices requested that itbe re-argued after Justice Clarence Thomas'sconfirmation. After this request, many speculatedthat the Court had been deadlocked 4-4 after theinitial hearing, Tribe said.

Tribe joined the legal team representing theCipollone family after the October argument beforethe high court.

in planning his argument before the court,Tribe said that he knew he had to change severalminds, including those of Justices Anthony M.Kennedy and Sandra Day O'Connor and of ChiefJustice William H. Rehnquist.

Many legal observers considered that an uphillbattle, and said Tribe and the Cipollone familyhad little chance of winning their case.

"Even I was frankly surprised," Tribe said

Potential plaintiffs still cannot use companiesfor failing to provide comprehensive healthinformation in product advertising. But they cannow sue companies that do not provide hotlines orpamphlets to explain the full implications ofcigarettes, Tribe said.

Although tobacco industry officials have saidthe decision will have little effect on thesuccess of such suits, Tribe called thoseassertions "utterly ludicrous."

"There's a mass of information... andsubstantial evidence of deception and conspiracy,"Tribe said.

Tribe added that the industry's claims ofvictory are also "part of [its] attempts toprevent really talented people from taking thecase."

Tribe said he was offered "a lot of money bythe industry to represent them" in the same case afew years earlier, but refused.

"It was clear that money was not an object [tothe industry,]" he said.

Instead, Tribe worked pro bono torepresent the family of Rose Cipollone, who diedof lung cancer in 1984. winning the case, Tribesaid, gave him "a certain Sweet feeling."

Though the case had already appeared before theCourt in October, the justices requested that itbe re-argued after Justice Clarence Thomas'sconfirmation. After this request, many speculatedthat the Court had been deadlocked 4-4 after theinitial hearing, Tribe said.

Tribe joined the legal team representing theCipollone family after the October argument beforethe high court.

in planning his argument before the court,Tribe said that he knew he had to change severalminds, including those of Justices Anthony M.Kennedy and Sandra Day O'Connor and of ChiefJustice William H. Rehnquist.

Many legal observers considered that an uphillbattle, and said Tribe and the Cipollone familyhad little chance of winning their case.

"Even I was frankly surprised," Tribe said