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Statement By Dewey Ballantine Litigation Partner Paul Bschorr Re: Today's Judgment Awarding Attorneys' Fees Against Big Tobacco In Empire Blue Cross/Blue Shield Litigation 

Today, the Honorable Jack B. Weinstein, Senior District Court Judge, United States District Court, Eastern District of New York, handed down a decision that further holds the major tobacco companies responsible for their actions by assigning them responsibility for legal fees associated with Empire Blue Cross and Blue Shield's previous jury verdict and judgment against the tobacco industry in Empire Blue Cross/Blue Shield of N.J. Inc. vs. Philip Morris, Inc. The unprecedented jury verdict last June, which was the first victory by an insurance company in litigation to recover damages for the costs associated with insuring smokers, found that the tobacco industry had engaged in deceptive trade practices.

We are particularly pleased that the court recognized the hard work that we performed on behalf of our client on this important issue. Today's award makes this first-of-its-kind victory even more gratifying. This judgment awarding $37,841,054.22 in legal fees is confirmation of what the Court said was ``the public interest advanced in this case'' in establishing ``a new legal theory of liability.''

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