A judge has refused a request by tobacco industry lawyers to have a gag order lifted so they can talk to reporters VIDEO CNN's Carol Lin chronicles the legal challenges Big Tobacco has faced Windows Media 28K 80K CNN's John Zarrella provides an overview of the case Real 28K 80K Windows Media 28K 80K  IN-DEPTH SPECIAL: Tobacco under attack MESSAGE BOARDS: Big tobacco lawsuits

July 8, 1999
Web posted at: 3:42 p.m. EDT (1942 GMT)

In this story: Court reconvenes on Monday Tobacco lawyer: Media got it wrong Cigarette-makers found liable RELATED STORIES, SITES

MIAMI (CNN) -- Opposing attorneys who met in a Miami courtroom Thursday will reconvene next week to discuss the next steps in a landmark smokers case. On Wednesday, a jury found that that tobacco companies had behaved outrageously by selling a product with known health hazards.

In the next phase of the trial, jurors will determine what the industry owes Florida smokers who claim tobacco made them or their loved ones sick.

At a hearing Thursday before Miami-Dade County Circuit Judge Robert Kaye, lawyers for the two sides disagreed on how soon the jury should come back to consider damages.

Lawyers for the smokers suggested two weeks, but industry attorneys asked for two months to prepare.

Court reconvenes on Monday

Kaye will set a timetable after hearing each side present its plans in court Monday.

One of the issues to be decided is how many more depositions need to be taken before phase two of the civil trial begins.

During that phase, the jury, which has so far only heard from expert witnesses, will get to hear from the plaintiffs -- nine Florida smokers who suffer from different illnesses they say were caused by smoking.

After that, jurors will decide what damages to award. The plaintiffs are seeking at least $200 billion.

"The damages (phase) of this case is going to be very, very difficult," predicted Mississippi Attorney General Michael Moore.

"I don't look to the tobacco industry to settle this case," said Moore, the first state attorney general to win a health-costs settlement from the nation's tobacco companies.

Once an amount is determined, as many as 500,000 Florida smokers and the heirs of those who died from smoking-related illnesses would be free to file their own claims.

The Florida case is the first lawsuit brought by a group of individual smokers against the tobacco industry to reach the trial stage.

Anti-tobacco activist Richard Daynard told CNN the jury's decision could have an impact on similar lawsuits throughout the United States. "Courts in other states are likely to be much more sympathetic, now, to this type of class-action (lawsuit)," said Daynard, chairman of the Tobacco Products Liability Project.

Tobacco lawyer: Media got it wrong

Kaye rejected a request by tobacco lawyers to lift a gag order that bars all parties in the case from discussing it with reporters.

Robert Heim, an attorney for Philip Morris and the lead attorney on the tobacco industry team, asked Kaye to lift the order, saying "a good part of the media got it wrong" when they reported Wednesday's verdict.

"It was disturbing to see ... that so many things we were doing in the courtroom" were not reported correctly by the media, Heim said.

But Kaye replied, "If they got it wrong, it's their problem."

It was not immediately clear what aspect of the reporting Heim disputed.

Cigarette-makers found liable

After deliberating for seven days, jurors found the tobacco industry negligent for marketing a dangerous product that causes deadly diseases, and said it is liable for damages that could amount to hundreds of billions of dollars.

Plaintiffs in the courtroom openly wept and hugged each other and their attorneys after Wednesday's verdict was read and the judge sent the jury from the courtroom.

The defendants are cigarette makers Philip Morris, R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., Lorillard Tobacco Co. and Liggett Group Inc., along with the Council for Tobacco Research and the Tobacco Institute, both now defunct.

The jury, among other things, found the companies were responsible for selling a product that causes bladder cancer, strokes, heart disease, lung and throat cancer, pregnancy complications and miscarriages.

It also found that cigarettes are addictive, and the companies intentionally misled smokers about the dangers.

Correspondent Susan Candiotti, The Associated Press and Reuters contributed to this report.

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