Testifying for Tobacco

Jon Wiener,"Big Tobacco and the Historians," The Nation, 25 February, is essential reading, I think, for historians. I've often disagreed with Jon, but I'm grateful for his inquiry into the willingness of 40 American historians to sell their reputations to American tobacco interests. I'm also disappointed to learn from his article that some of those historians are in positions of substantial professional influence.

From Robert N. Proctor,"‘Everyone knew but no one had proof': tobacco industry use of medical history expertise in US courts, 1990–2002," Tobacco Control, 2006, Table 2"Historians (36 in total) who have testified as expert witnesses for the American tobacco industry, 1986–2005 (excludes consulting witnesses). Compiled with Louis M Kyriakoudes":

Ambrose, Stephen E (deceased). Testified in Covert v. Liggett Group (1994); deposed in Florida v. American Tobacco (1997)

Bean, Jonathan J, Southern Illinois University. Designated in St. Louis v. American Tobacco (2004)

Berman, Hyman, University of Minnesota. Deposed for and testified in Minnesota v. Philip Morris (1997 and 1998)

Burns, Augustus M III, University of Florida. Deposed in Florida v. American Tobacco (1997)

Carstensen, Fred V, University of Connecticut. Deposed for and testified in Cipollone v. Liggett (1987 and 1988)

Chesson, Michael B, University of Massachusetts, Boston. Provided affidavit in Longden and Longden v. Philip Morris (2003)

Cobbs-Hoffman, Elizabeth, San Diego State University. Deposed for and trial testimony in Boeken v. Philip Morris (2001)

Dibacco, Thomas V, American University. Deposed in and testified for Eastman v. Brown and Williamson (2003); deposed in Blue Cross v. Philip Morris (2000); deposed in Engle v. RJ Reynolds (1999)

English, Peter Calvin, Duke University. Testified in Blue Cross v. Philip Morris (2001); expert report and deposition in USDOJ v. Philip Morris (2001); deposed in Bullock v. Philip Morris (2002), etc

Ford, Lacy K, University of South Carolina, Columbia. Testified in Raulerson v. RJ Reynolds (1997), Engle v. RJ Reynolds (1999), Little v. Brown and Williamson(2000), Jones v. RJ Reynolds (2000), Kenyon v. RJ Reynolds (2001), Allen v. RJ Reynolds (2003); deposed in Engle v. RJ Reynolds (1997), Blankenship v. Philip Morris (2000) and Little v. Brown and Williamson (2000); deposed for and testified in Karbiwnyk v. RJ Reynolds (1997); designated in St Louis v. American Tobacco (2004); cross-noticed for Keegan v. RJ Reynolds

Graham, Otis, University of North Carolina, Wilmington. Testified in Kotler v. American Tobacco (1990); deposed in Texas v. American Tobacco (1997)

Green, George D, University of Minnesota. Deposed for Minnesota v. Philip Morris (1997)

Harkness, Jon M, University of Minnesota. Testified in Boerner v. Brown and Williamson (2003)

Harvey, Paul, University of Colorado, Colorado Springs. Deposed in Coolidge v. Philip Morris (2004)

Hilty, James, Temple University. Testified in Carter v. Philip Morris (2003)

Hoff, Joan, Ohio University, Athens. Testified in Rogers v. RJ Reynolds (1996), Dunn v. RJ Reynolds (1998), and Tomkin v. American Brands (2001); deposed in Dunn v. RJ Reynolds (1997 and 1998) and in Tomkin v. American Tobacco (2001); deposed for and testified in Whitely v. Raybestos-Manhattan (1999 and 2000)

Hudson, Robert P, University of Kansas (deceased). Deposed in Allgood v. RJ Reynolds (1994)

Judd, Jacob, Lehman College. Expert report filed in Standish v. American Tobacco (2003); testified in Rose v. American Tobacco (2003)

Lowery, Charles D, Mississippi State University. Deposed for Mississippi AG (1997).

Ludmerer, Kenneth M, Washington University (see table 1)

Martin, James Kirby, University of Houston. Deposed in Burton v. RJ Reynolds (1996), deposed and testified in Ironworkers v. Philip Morris (1999) and in Falise v. American Tobacco (2000 and 2001)

May, Glenn A, University of Oregon. Testified in Williams v. Philip Morris (1999)

Miller, Donald L, Lafayette College. Expert Report submitted for Gerrity v. Lorillard (2005)

Norrell, Robert Jeff, University of Tennessee. Testified in Newcomb v. RJ Reynolds (1999) and in Scott v. American Tobacco (2003); deposed for Scott v. American Tobacco (2000); deposed for and testified in Karney v. Brown and Williamson (1998 and 1999); earlier work for litigation in Alabama, Florida and Louisiana

Parrish, Michael E, University of California, San Diego. Testified in Miele v. American Tobacco (2003); deposed for Barnes (Arch) v. American Tobacco (1997), Washington v. American Tobacco, and Boerner v. Brown and Williamson (2003); deposed and testified for Henley v. Philip Morris (1998 and 1999); affidavit for Frosina v. Philip Morris (1997)

Parssinen, Terry M, University of Tampa. Testified in Arnitz v. Philip Morris (2004)

Rose, Mark H., Florida Atlantic University. Disclosed in Brown v. Liggett (2003)

Sansing, David G, University of Mississippi, Oxford. Testified in Boerner v. Brown and Williamson (2003); deposed in Mississippi Tobacco Litigation (1997); deposed for and testified in Horton v. American Tobacco (1990) and in Wilks v. American Tobacco (1993); testimony and/or deposition in Carter v. Philip Morris, Grinnell v. American Tobacco, Schuts and Walton, etc

Schaller, Michael, University of Arizona. Testified in Reller v. Philip Morris (2003), Lucier v. Philip Morris (2003), Frankson v. Brown & Williamson (2003), etc

Sharp, James Roger, Syracuse University. Deposed for and testified in Mehlman v. Philip Morris (2000 and 2001)

Skates, John Ray, Jr, University of Southern Mississippi. Deposed in Mississippi Tobacco Litigation (1997)

Snetsinger, John G, California Polytechnic State University, San Luis Obispo. Deposition in Bullock v. Philip Morris (2002)

Stueck, William, University of Georgia. Expert disclosure and affidavit submitted in Eiser v. Brown and Williamson (2002); affidavit in Marsh v. Brown and Williamson (2004).

Tulchin, Joseph S, Woodrow Wilson Center, Washington, DC. Testified in Widdick v. Brown and Williamson (1998) Wilson, Theodore A, University of Kansas. Deposed for Barnes [Arch] v. American Tobacco (1997), Clay v. Philip Morris (1999), Blankenship v. Philip Morris (2000), Smith (1999); deposed and expert report for USDOJ v. Philip Morris (2001), etc

Table 3 Scholars who have provided historical consulting for the tobacco industry but have not testified (partial listing):

Abrams, Richard M, University of California, Berkeley

Burnham, John C, Ohio State University

Clune, John J, Jr, University of West Florida

Engelmann, Larry, San Jose State University

Ettling, John, University of Houston and President of SUNY Plattsburgh

Harp, Richard, University of Kansas (Department of English)

Harley, David, formerly of Oxford University

Hook, Ernest, University of California, Berkeley

Jones, James H, formerly of University of Houston

Klein, Herbert S, Stanford University

Kline, Benjamin, San Jose State University

Kushner, Howard I, Emory University

Lankevich, George J, Bronx Community College, Manhasset

Means, Richard K, Auburn University (Department of Physical Education)

Muldoon, James, Rutgers University

Musto, David, Yale University

Savitt, Todd, East Carolina University (Medical Humanities)

Sobel, Robert N, Hofstra University (deceased)

Sosna, Morton (formerly Stanford)

Talley, Colin L, Columbia University

Unger, Irwin, New York University

See also: David Rosner,"Trials and Tribulations: What Happens When Historians Enter the Courtroom," Law and Contemporary Problems, Winter 2009.