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Mississippi Law Journal Spring, 1998 Panel Discussion *847 THE 67 MSLJ 847 Page 1 (Cite as: 67 Miss. L.J. 847) Mississippi Law Journal Spring, 1998 Panel Discussion *847 THE TOBACCO SETTLEMENT: PRACTICAL IMPLICATIONS AND THE FUTURE OF THE TORT LAW Copyright © 1998 by the Mississippi Law Journal, Inc. INTRODUCTION On Friday, October 24, 1997, the School of Law hosted a panel discussion titled The Tobacco Settlement: Practical Implications and the Future of the Tort Law. A complete transcript of the proceeding follows. Richard Scruggs, Haley Barbour, Professor Tom Mason, and Attorney General Michael Moore comprised the panel. The discussion was moderated by the editor and publisher of the Scott County Times, Sid Salter. This forum was the first of its kind concerning the 1994 lawsuit initiated by Attorney General Moore on behalf of Mississippi against thirteen tobacco companies. It was a unique opportunity for students and faculty alike to listen to the key players discuss what arguably is the most significant litigation since Roe v. Wade. Individual panelists were posed questions chosen by Mr. Salter, followed by in-depth discussion of each topic from the group. Several interesting exchanges took place, and at times *848 words were heated. Attorney General Moore and Mr. Scruggs attacked the tobacco companies for advertisements targeting children and for not taking responsibility for manufacturing what they call "the only product when used correctly that will kill you." Mr. Barbour vehemently denied their accusations, and stressed it was his employer's position that American adults simply should have the right to choose whether or not to smoke. Professor Mason, known for his pragmatism, clarified several legal nuances during the discussion. Shortly after the Law School's event, the proposed settlement went to Congress for approval. The former adversaries Moore and Barbour now sit at the same side of the table to finalize a workable plan for the future. We were proud to showcase the talent our law school has produced, and were illuminated by their insight into one of the most compelling legal and moral questions of our time. Dean Samuel M. Davis DEAN DAVIS: Welcome to the University of Mississippi Tobacco Settlement: Practical Implications and the Future of the Tort Law. Whether one is a critic or proponent of the tobacco settlement or indeed is indifferent, a couple of things are clear. The tobacco settlement and the process that led to it are of historic proportions. Secondly, the settlement has implications, many of them far reaching for all Americans. And there's a third point that I take great pride in pointing out. The people who were the key players in the settlement, the people who were on the cutting edge of one of the most exciting and profound developments in health care law today, are Mississippians and Mississippians who are graduates of the University of Mississippi School of Law. But you'll hear more about that shortly. It is my pleasure to turn the program over at this point to a member of the Law School Speaker's Bureau. Robert Wilkins is a second-year law student from Jackson, Mississippi and is a member of the Speaker's Bureau. Let me just say at this point that the idea for today's program was entirely conceived by the Speaker's Bureau. Robert came to me in *849 early or mid-September with the concept, which I wholeheartedly endorsed. It was Robert, with a little help from some others, who has really carried the load in putting this program together. Without further delay, I present to you Robert Wilkins, who will introduce our panelists and our moderator. ROBERT WILKINS: Thank you, Dean Davis. My name is Robert Wilkins, and on behalf of the University of Mississippi School of Law Speaker's Bureau, I'd like to welcome all students, faculty, and guests. The Speaker's Bureau is extremely excited about today's presentation of The Tobacco Settlement: Practical Implications and the Future of Tort Law. We've assembled an outstanding panel which represents a good portion of the major players in this historic settlement. I know that Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 67 MSLJ 847 Page 2 (Cite as: 67 Miss. L.J. 847) everyone is anxious to hear the insights which our panelists have to offer about this provocative topic, so I'd like to introduce the participants at this time. Our first panelist is a native of Yazoo City. In 1973, Mr. Haley Barbour received his law degree from Ole Miss. Mr. Barbour serves on the board of directors for several companies and has been active in the Republican Party on many levels. From 1993 to 1997, he served two terms as Chairman of the Republican National Committee. Under Mr. Barbour's orchestration, Republicans won the greatest mid-term majority sweep of the twentieth century when the GOP controlled both Houses of Congress for the first time in forty years. Mr. Barbour is currently with the law firm of Barbour, Griffith, and Rogers in Washington D.C. and is a lobbyist for the Tobacco Industry. Please welcome Mr. Haley Barbour. Our second panelist is a native of Pascagoula. Mr. Dickie Scruggs received his undergraduate degree from Ole Miss in 1969, and then served as a fire pilot for the United States Navy for five years. In 1974, Mr. Scruggs returned to Oxford to eventually earn his law degree in 1977. He was one of only four Mississippians that served as a fellow of the International Cabinet of Trial Lawyers and was recently honored as the Mississippi Citizen of the Year by the March of Dimes. At present, Mr. Scruggs both represents and serves as lead negotiator *850 for Mississippi and thirty other states engaged in law-suits with the tobacco industry. Please welcome Mr. Dickie Scruggs. Our next panelist is originally from Duncan, Oklahoma. Professor Tom Mason received his juris doctorate from the University of Oklahoma in 1962. He practiced law there until 1973 when he joined the faculty here at the law school. Professor Mason teaches classes in torts, oil and gas law, and federal trial practice. His acerbic wit and practical teaching style have made him a popular professor with students in the past and present. In addition to teaching, Professor Mason directs the law school's public service and internships, and he lectures national continuing legal and judicial educational seminars. Please welcome Professor Tom Mason. Well, anyone who has recently picked up a copy of the Washington Post or watched CNN should have no trouble recognizing our final panelist. Mike Moore is currently serving in his third term as Attorney General for the state. In 1992, General Moore became the only resident Mississippian to be selected as one of the ten outstanding Americans by the National Jaycees. Under his leadership three years ago, Mississippi was the first state to file a lawsuit against the tobacco companies to recover medical expenses in treating tobacco- related illnesses. For his efforts, he was awarded the American Medical Association's highest honor, the Dr. Nathan Davis Award. Please welcome the Attorney General of the State of Mississippi, Mr. Mike Moore. Our moderator for tonight's discussion is Mr. Sid Salter. Mr. Salter is a graduate of Mississippi State where he was a John C. Stennis scholar of political science. He is currently the editor and publisher of both The Scott County Times and The Times Plus. Mr. Salter's syndicated political column appears in sixty-two Mississippi newspapers, and his television commentary, "A Capital Idea," airs weekly on Meridian's ABC affiliate. Last fall he was chosen as the inaugural Kelly Gene Cook Chair in Journalism here at Ole Miss where he also served as assistant professor. I would like now to turn the program over to the moderator of The Tobacco Settlement: *851 Practical Implications and the Future of the Tort Law, Mr. Sid Salter. MR. SALTER: I must say Robert, it was a great deal easier to find a parking place on Friday of last year when I was on the faculty and when the Rebels were losing. And I'd be remiss if Haley Barbour and I didn't pause a moment to remind you that most of you Ole Miss folks thought it was pretty funny when the SEC came up with that artificial noise-maker ban. So this week, as you find something else to do with your sticks, we will remember you in spirit. In preparation of today's exercise, I decided that perhaps the best preparation I could make would be to watch television. So I flipped over to the Discovery Channel, and they had a program featuring crocodiles eating their young which I thought would be most appropriate and an excellent preparation for today. We have an outstanding panel. There are news folks all over the United States that would kill to have this group of people on a panel to address these questions. You are most fortunate. Your fellow students did a good job. So let's dive right in. I direct the first question to Attorney General Moore, and as I told the gentlemen earlier, this is what we refer to in journalism as a "big softball." Mr. Moore, define for us the tobacco settlement both nationally and in Mississippi, both in terms of what it is and what it isn't. MR. MOORE: Thank you, Sid. It is good to be here, and of course, Dick and Haley and I are very proud that Ole Miss is the one that's leading this project as we are all graduates of this school. And actually the idea for this lawsuit came from a fellow Copr.
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