Award was given to a 56-firm consortium known as the Castano Group, which taking on the role of a private attorney general under California law, sued the tobacco industry and helped to win $25 million for the state.
A judgment of approximately $591 million which created a “court supervised smoking cessation program”.
Phase I was completed 2 years after jury selection began on June 18, 2001 and Phase II was completed 2 months after it began on March 31, 2004
Mr. Bailey and Mr. John Shub took the first deposition in which a tobacco executive or industry scientist admitted cigarettes cause cancer and are addictive. This deposition was of Jerry Whidby, Ph.D., Philip Morris’ Chief Scientist, taken in Richmond, VA in 2001.
In a 2001 deposition of John Campbell, President and CEO of Phillip Morris USA, Mr. Bailey and Paul Boncome of New Orleans obtained an admission that not only did Mr. Campbell not want his children to smoke, he taught his children not to smoke. This deposition also contained the first admission from an industry executive that his company’s product addicted and killed. Campbell admitted that his company’s product, when used as designed and intended by his customers, addicted and caused the death of his customers.
One of Mr. Bailey’s assignments in Scott was to examine Dr. DeNoble during mock trials and to prepare him for cross-examination by the Tobacco Lawyers. The Tobacco Companies had 5 lawyers prepared to cross Dr. DeNoble. After lunch, Mr. Gay, counsel for Philip Morris, stated, “my colleagues have prevailed me not to ask any more questions of Dr. DeNoble.”
Scott was the first court case where Dr. DeNoble testified about his experience as a Scientist in the cigarette industry. His testimony was one of the highlights of the plaintiff’s case.