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- THE WEEK SOCIETY, Page 20One Smoking Gun, Then an Angry Salvo
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- An appeals court ousts a judge from a cigarette case for showing
- bias
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- Nobody has clocked in as many judicial hours presiding over
- tobacco litigation as Judge H. Lee Sarokin of Newark, New
- Jersey. The federal district judge has sat for a decade on major
- plaintiff's cases against the cigarette industry. And for five
- years those companies have been trying to remove Sarokin from
- those cases. Last week they succeeded. In what it termed a "most
- agonizing" decision, the Third Circuit Court of Appeals found
- that Sarokin appeared biased against the cigarette industry. The
- court cited a February opinion in which Sarokin said that
- "despite some rising pretenders, the tobacco industry may be the
- king of concealment and disinformation."
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- Tobacco-industry defendants expressed relief that Sarokin
- was no longer on the case. Said Charles Wall, a lawyer for
- Philip Morris: "We did not claim that he is not a good judge,
- but we believed he had prejudged some important issues in the
- litigation." Sarokin disagreed. Removing himself from another
- tobacco case last week, the judge delivered a strong rebuke to
- the court of appeals. "I fear for the independence of the
- judiciary if a powerful litigant can cause the removal of a
- judge for speaking the truth based upon the evidence," he wrote.
- "If the standard established here had been applied to the late
- Judge John Sirica, Richard Nixon might have continued as
- President of the United States." More than 50 U.S. cases against
- the cigarette industry are pending.
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