In 1994, HHKC, along with 60 other law firms, brought tobacco companies to court to recover Medicare costs and other economic damages resulting from tobacco-related
deaths and disease. Partners of the firm were members of the Executive Committee, Discovery Committee, and Public Relations Committee for the litigation.
Over 42 states pursued separate actions to recuperate Medicare expenses arising from tobacco-associated illnesses, which eventually lead to a $206 billion settlement
with the industry. The settlement also included severe marketing restrictions and other concessions by the tobacco companies, which promised to stop targeting children
for addiction. HHKC was among 17 firms which filed suit on behalf of the Attorney General of Louisiana. In the settlement of Ieyoub ex rel. Louisiana v. American
Tobacco Company , the state of Louisiana received $4.6 billion.
HHKC also represented the state of California on behalf of then Attorney General, Gray Davis. Of the settlement proceeds, California recovered $24 billion.
In addition, Russ Herman is lead counsel for the Louisiana trial team that is currently litigating Scott v. American Tobacco Co. , the only viable class
action in the United States concerning individuals affected by tobacco addiction and tobacco-related disease. On July 28, 2003, after over six months of trial,
the jury returned a verdict in the liability phase of the trial. The jury determined that the tobacco industry intentionally addicted, misled and defrauded Louisiana
consumers about the health hazards and addiction of cigarette smoking from 1953 to 1996. The jury also found that the tobacco industry intentionally marketed its
products to minors, in direct violation of its own voluntary ban on marketing to minors. The jury determined that the tobacco industry must pay for cessation programs
for over one million Louisiana present and former smokers. The verdict has been widely received as a landmark ruling against the tobacco industry and, if fully
implemented, will save thousands of lives. HHKC Partner Russ Herman acted as Lead Trial Counsel for the Plaintiffs and trial captain for the claim against Phillip
Morris, the largest manufacturer of cigarettes in the world. After another several week-long trial, this same jury awarded damages of over $800,000,000.00, including
interest.
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