Even if the tobacco industry loses its gambling argument, it has other defenses. For decades, the industry has successfully defended itself in other lawsuits by forcing individual smokers to prove that tobacco companies caused their health problems. Government attorneys hope to block such a defense in Minnesota by relying on a consumer fraud law that does not require each victim to prove damages. In another novel defense, the tobacco industry may claim the Minnesota Legislature was negligent by failing to regulate tobacco more strictly. Blue Shield responded by demanding that tobacco companies turn over internal documents about lobbying lawmakers over tobacco-control measures.
Tobacco companies oppose it.
These legal skirmishes are expected to continue for months. Attorneys still are reviewing more than 12 million pages of documents turned over by seven tobacco companies and two industry trade groups. Scores of witnesses, including top officials of tobacco companies, are expected to be questioned during depositions taken next year. Lawyers can't even agree on the trial date. The tobacco industry wants a trial in September 1998.