Judge keeps
tobacco documents sealed

A trial will decide if the
Liggett Group's papers should be
protected by attorney-client privilege

Associated Press

WINSTON-SALEM, N.C. -- Tobacco companies are declaring victory in North Carolina after a judge refused to let Liggett Group Inc. release internal documents that could shed light on the industry's strategies for selling cigarettes.

Superior Court Judge William Freeman yesterday ordered the hundreds of secret documents to remain sealed until a trial can be held on whether the papers are protected by attorney-client privilege.

"The plaintiffs are likely to sustain irreparable injury, and a preliminary injunction is necessary to maintain the status quo, pending trial," Freeman said.

The documents were agreed to be released by Liggett to settle lawsuits filed by 22 states to recover the costs of smoking and smoking-related illnesses.

Most of the documents involve strategy sessions attended by several tobacco companies, which Liggett rivals claim cannot be made public without their consent.

Lawyers for R.J. Reynolds Tobacco Co., Philip Morris USA, Brown & Williamson Corp. and Lorillard Tobacco Co. claim turning over the documents would violate attorney-client privilege, since legal strategies were discussed at the meetings.

Similar legal arguments are being made in courts across the country as Liggett's rivals seek to stop the documents from coming out. Some not considered to be protected have been released, however.

An internal memo of Liggett's released Monday show how the company weeded out advertising slogans that could get them in trouble in court, such as "Because you enjoy smoking too much."

The slogan sounded like "an invitation to cancer litigation," Liggett Group attorney Joseph Greer wrote in a 1975 memo released Monday as part of the company's settlement with Florida.




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