"Today we're here to decide how much -- how much -- these defendants should be punished," Searcy Denney's Greg Barnhart told the jury in closing the punitive damages phase of Piendle v. R.J. Reynolds.

Opening statements began today in the Engle-progeny tobacco trial Budnick v. R.J. Reynolds, webcast live by CVN.

At the start of the punitive damages phase, the Piendle v. R.J. Reynolds jury heard from former tobacco CEO Robert Heimann by video from a deposition taken in December, 1986. Mr. Heimann testified as to American Tobacco Company's conclusion that cigarettes were not injurious to health, and as to the research underlying this conclusion. Mr. Heimann testified that the surgeon general was "dead wrong" in concluding that cigarette smoking causes lung cancer, and that a long list of health organizations denouncing cigarette smoking as hazardous were all wrong, even though he could not name any organization that had concluded otherwise. 

UPDATE (April 12, 2011): 
On December 16, 2010, the Court entered Judgment in this case in favor of Plaintiffs in the amount of $538,963.98.  This is three times the jury verdict, and reflects the provision in Measure EE which requires that a tenant recover treble damages for all harms caused by a landlord’s knowing or reckless violation of the Ordinance.  The jury specifically found that the defendant had wrongfully endeavored to recover each Plaintiff’s unit, and that he did so “in knowing violation of Ordinance.”

On February 18, 2011, the Court awarded to Plaintiffs an additional $1,052,402.00 for attorneys fees in connection with the case, under provisions in Measure EE which provide for attorney fees to prevailing litigants.  Additional motions requesting fees and costs are still pending, and Plaintiffs expect to recover about an additional $70,000 pursuant to those motions.