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NWANZE v. PHILIP MORRIS INC.

No. 97 CIV. 7344(LBS).

100 F.Supp.2d 215 (2000)

Austen NWANZE, et al., Plaintiffs, v. PHILIP MORRIS INCORPORATED, Philip Morris Companies, Inc., RJR Nabisco Holdings Corp., R.J. Reynolds Tobacco Company, Brown & Williamson Tobacco Company Corporation, B.A.T. Industries P.L.C., British American Tobacco Company Limited, Bat (U.K. & Export) Limited, Lorillard Tobacco Company, the American Tobacco Company, Liggett Group Inc., the Counsel for Tobacco Research— U.S.A., Inc., the Tobacco Institute, Inc., Loews Corporation, United States Tobacco Company, and Kathleen Hawk, Director of Bureau of Prisons, Defendants.

United States District Court, S.D. New York.

June 7, 2000.

Attorney(s) appearing for the Case

Austen Nwanze, pro se.

Mary Jo White, U.S. Atty., Jonathan A. Willens, Assist. U.S. Atty., New York City, for Southern Dist. of New York.

Dechert Price & Rhoads, New york City, by Robert A. Cohen, Amianna Stovall, Peter Critchell, for Philip Morris Inc.

Jacob, Medinger & Finnegan, LLP, New York City, by Barry S. Schaevitz, David R. Crittenden, for U.S. Tobacco Co.

Seward & Kissel, New York City, by Jack Yoskowitz, for Tobacco Institute.

Debevoise & Plimpton, New York City, by Steven Klugman, Harry Zirlin, for Council for Tobacco Research.

Jones, Day, Reavis & Pogue, New York City, by Harold K. Gordon, for RJR Nabisco Holdings Corp., R.J. Reynolds Tobacco Co.

King & Spalding, New York City, by Michael Norton, for Batus Inc., Brown & Williamson Tobacco Corp.

Kasowitz, Benson, Torres & Friedman, New York City, by Aaron Marks, for Liggett Group Inc., Liggett and Myers Tobacco Co., Inc.

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., New York City, by Alan Mansfield, for Lorillard Tobacco Co., Inc.

MEMORANDUM AND ORDER

SAND, District Judge.

This case is brought by 435 non-smoking inmates who claim that they have been unlawfully exposed to excessive quantities of environmental tobacco smoke ("ETS"), also known as second-hand smoke. The Defendants are tobacco manufacturers and their trade associations ("private party defendants"), as well as Kathleen Hawk, the Director of the Federal Bureau of Prisons ("BOP"). Presently before the Court are the...

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