Since 1954, big tobacco had never lost a lawsuit. However, in the 1980s, evidence for the hazards of smoking became more widely known and tobacco companies’ credibility started to disappear. Beyond individuals who sued tobacco manufacturers, many states began to explore the option of a monetary settlement. Tobacco companies would exchange $4.1 billion to compensate for Medicaid and other health program costs. But in Minnesota, where a strong anti-smoking campaign was underway, Attorney General Hubert “Skip” Humphrey III demanded more. He faced tremendous pressure to accept terms of the settlements that other states were pursuing, in doing so feared the following would occur:
Big Tobacco would receive immunity from future lawsuits
The Food and Drug Administration’s ability to regulate tobacco would be limited
The monetary compensation would be limited
The industry documents would remain hidden
Humphrey teamed up with Blue Cross Blue Shield of Minnesota to be co-plaintiffs and filed their own lawsuit. Tobacco companies had been sued by hundreds of individual smokers and won every case. The odds were stacked greatly in favor of the tobacco manufacturers. They had unlimited resources and the best attorneys. Minnesota and Blue Cross Blue Shield only had one law firm: Robins, Kaplan, Miller, and Ciresi. The stakes were huge.
Doug Blanke, Assistant Attorney General for Minnesota. Podcast by Office of the United States Surgeon General. 2014.
"Skip" Humphrey LA Times. October 19, 2011
Michael V. Ciresi, Partner, Robins, Kaplan, Miller, and Ciresi MN Public Radio. October 13, 1999
Letter from William Kloepfer Jr., Senior Vice President Public Relations to Tom Humber, Assistant Director of Corporate Affairs, Brown & Williamson Tobacco Corp. December 11, 1984
"The day he filed that case, his political opponents were cheering for the demise of Skip Humphrey. Everyone said...this is an industry that never forgets and pounds its political foes into the ground. You couldn't have done this for political advantage." --Joe Loveland, Skip Humphrey's former Press Secretary