Mike Moore (American politician)

Last updated

In the summer of 1993 attorney Mike Lewis approached law school classmate Moore with the suggestion of plaintiffs seeking damages against cigarette manufacturers to cover the medical costs of smoking-related illnesses, which were often incurred by the government. Moore was interested in the idea and directed Lewis to convey his proposition to Scruggs. As Scruggs began forming a team of attorneys in private practice to discuss the idea, Moore's office drafted plans for a lawsuit. [28] [29] He eventually hired Scruggs' team, dubbed Health Care Advocates Legal Team. [30] In the spring of 1994 he and Scruggs turned over stolen tobacco company research documents to a United States congressional subcommittee evidencing tobacco companies' acknowledgment that they were selling addictive nicotine products. [31] [32] On May 23, 1994, Moore filed a lawsuit on behalf of the state of Mississippi in the Jackson County Chancery Court against 13 tobacco manufacturing companies in pursuit of damages to cover the medical costs incurred by the state to treat persons afflicted by smoking-related illnesses. [33] [34] He justified his the suit to the media by arguing, "This is a taxpayers' lawsuit. The bottom line is the [taxpayers] are paying hundreds of millions of dollars a year to treat people who have tobacco related disease." [33]

Mike Moore testifying before U.S. Congress in September 1997 on tobacco issues Mike Moore testifies 2.jpg
Mike Moore testifying before U.S. Congress in September 1997 on tobacco issues

The chancery court judge allowed for a trial to proceed in February 1995. [35] Meanwhile, Scruggs secured the testimony of Merrell Williams Jr., a tobacco industry whistleblower, while Mississippi Governor Kirk Fordice—who had expressed this disagreement with the tobacco lawsuit from the start, filed a lawsuit against Moore, hoping the State Supreme Court would block the attorney general's action. Fordice argued that Moore's proceedings were a publicity stunt and would damage efforts to attract industry to Mississippi. [36] Moore countered by deriding the governor as "a new Marlboro Man". [37] By the end of 1996, 19 other states had joined the lawsuit against the tobacco companies. In March 1997, the State Supreme Court ruled that it lacked jurisdiction to try Fordice's case against Moore and allowed the latter's suit to proceed. [38]

The civil trial against the tobacco companies was scheduled for July 1997. Increasingly worried that they might lose the case, the companies sent representatives to negotiate a settlement with Moore and the 39 other state attorneys general who had joined the lawsuit. Moore demanded that he meet with the chief executive officers of the companies personally, and the companies acceded to his demands. [38] After a series of consultations in Washington, D.C., between the tobacco executives, Moore, and the other attorneys general, the Mississippi attorney general announced a settlement was reached in a press conference on June 20, with the tobacco companies agreeing to pay $368.5 billion to the 40 states involved, submit to new regulations, and significantly curtail their advertising. [39] The national settlement required the approval of the U.S. Congress, and though Moore, Scruggs, and others spent a year lobbying for the body to codify the agreement, their assent was never given and the deal was not carried out. In the mean time, Moore and other state attorneys general reached settlements for cases in their own respective states. [40]

On July 3, 1997, Moore announced that the tobacco companies had agreed to give Mississippi $3.4 billion. The agreement also entailed a "most favored nation" rule which required the companies to offer Mississippi other favorable conditions negotiated in separate states. Thus, after Florida secured the companies' promise to remove billboard advertising in sports stadiums, similar signage was taken down in Mississippi. [40] The settlement was finalized by a judge in December. [41] At Moore's urging, in 1999, the legislature set aside the state's settlement money to form a healthcare trust fund. [10] Over the course of the 2000s the state legislature took money from the fund to cover other budgetary concerns before eventually abolishing the project. Reflecting on the outcome in 2022, Moore expressed disappointment that the trust fund had not lasted long but pointed to declines in tobacco use as worthy of celebration. [42]

Moore received national attention for his role in the tobacco lawsuit. [12] [43] In 1997 the National Law Journal named him its Lawyer of the Year [44] [45] and the American Medical Association granted him a Dr. Nathan Davis Award for promoting public health. [24] In 1998, Governing included him in its Public Officials of the Year honors. [3] [46] The 1999 Michael Mann-directed film The Insider portrays some of the events leading up to this settlement; Moore played himself in the film. [3] [5] Pointing to his casting in the film, opponents accused Moore of using the tobacco issue to grandstand. [47]

Civil rights and Mississippi burning case

In February 1989, Moore settled a lawsuit against the state over the drawing of judicial districts in a manner which allegedly diluted the political strength of black voters. Citing their high cost to the state and the high probability of losing, [48] he announced that his office would no longer defend the state against civil rights lawsuits in court. [49] That year, two special assistant attorneys general in Moore's office recommended that the state of Mississippi reopen a criminal investigation into the 1964 Mississippi Burning murders of civil rights workers in Philadelphia, Mississippi, citing the existence of "vital evidence" which made prosecution possible. [50] Moore declined to retry the case, and again rebuffed an appeal to retry it from one of the victim's brothers in 1997. [50] In 1998, The Clarion-Ledger published the transcript of a 1980s interview with Samuel Bowers, an erstwhile leader of the Ku Klux Klan who was convicted for his involvement in the murder of civil rights activist Vernon Dahmer. In the interview Bowers stated that he was glad Edgar Ray Killen—a suspect of the Mississippi Burning case—avoided prosecution. [51] Encouraged by the incriminating content of the interview and of the state's recent success in re-prosecuting other old civil rights murder cases, on February 25, 1999, Moore reopened the state's investigation into the Mississippi Burning murders. [52] Later that year, the U.S. Federal Bureau of Investigation turned over thousands of documents related to their original inquiry of the case to the attorney general's office. [53]

Moore and his investigators secured the cooperation of Cecil Price, a former deputy sheriff in Neshoba County who was privy to the details of the murders. [54] In 2000, the attorney general told journalist Jerry Mitchell of his disappointment that the state had never prosecuted the murders and said, "It is our belief at this point that Preacher Killen was one of the masterminds of the Neshoba County killings. We're making progress in the case. All the troops are excited." [55] Price died in an accident in 2001, which, according to Moore, "took a lot of wind out of our sails". [56] In November 2002, Moore told the press that while his office had the desire to re-prosecute the murders, it was struggling to build a strong criminal case. [57] By the end of the year the attorney general's office had suspended efforts to retry the case. [58]

Departure

In February 2003 Moore announced that he would not seek reelection to his office or campaign for any other position, surprising his own staff and many state politicians. [1] [59] He declared his intention to enter private legal practice but left open the possibility of running for other offices such as governor or a U.S. Senate seat in the future. [10] Moore was succeeded by Jim Hood as attorney general on January 8, 2004. [60] [61] Moore served as an early adviser for his successor. [19] Hood and local prosecutors ultimately reopened the investigation into the Mississippi Burning case. [62]

Private practice

Moore at a Hillsborough County press conference, 2018 Mike Moore at Hillsborough County press conference.png
Moore at a Hillsborough County press conference, 2018

After leaving office, Moore entered private legal practice and created Mike Moore Law Firm LLC, based in Flowood, Mississippi. The firm specialized in corporate-government relations. In 2003, Moore began representing clients who sued Purdue Pharma, claiming the company had gotten them or family members addicted to prescription opioid painkillers. The cases were settled in 2007, but as a result of the effort Moore became familiar with opioid-related litigation and formed relationships with other attorneys with experience in the subject. With the opioid epidemic in the United States continuing and prescriptions for opioids increasing, several state government considered pursuing legal action against pharmaceutical companies. In 2014 Ohio Attorney General Mike DeWine contracted a group of lawyers led by Moore to build a case against several drug suppliers. In May 2017 they filed a lawsuit against Purdue Pharma, Teva Pharmaceutical Industries, Janssen, Endo, and Allergan, accusing them of concealing the addictiveness of opioids and violating Ohio laws concerning fair business practices. [5]

In 2018, Moore was hired by the government of Hillsborough County, Florida, to lead its lawsuit against 14 companies for alleged violations of state law with regards to the aggressive marketing of opioid drugs. The companies agreed to settle with the county in 2021. [63]

Related Research Articles

<span class="mw-page-title-main">Ronnie Musgrove</span> American politician

David Ronald Musgrove is an American lawyer and politician who served as the 62nd governor of Mississippi from 2000 to 2004. A Democrat, he previously served as the 29th lieutenant governor of Mississippi from 1996 to 2000. He was the Democratic nominee in the 2008 special election for one of Mississippi's seats in the United States Senate, losing to incumbent Senator Roger Wicker. Musgrove is a principal at a public affairs consulting firm, Politics. In 2014, he became founding partner of a new law firm in Jackson, Mississippi, Musgrove/Smith Law.

<span class="mw-page-title-main">Ray Mabus</span> American politician

Raymond Edwin Mabus Jr. is an American politician and lawyer. A member of the Democratic Party, he served as the 75th United States Secretary of the Navy from 2009 to 2017. Mabus previously served as the State auditor of Mississippi from 1984 to 1988, as the 60th governor of Mississippi from 1988 to 1992, and as the United States ambassador to Saudi Arabia from 1994 to 1996.

<span class="mw-page-title-main">William Allain</span> American politician

William Aloysius Allain was an American politician and lawyer who held office as the 59th governor of Mississippi as a Democrat from 1984 to 1988. Born in Adams County, Mississippi, he attended the University of Notre Dame and received a law degree from the University of Mississippi School of Law in 1948.

<span class="mw-page-title-main">Dick Molpus</span> American politician

Richard Henderson Molpus Jr. is an American businessman and Democratic Party politician who served as Secretary of State of Mississippi from 1984 until 1996. He unsuccessfully ran for governor in 1995 against Republican incumbent Kirk Fordice. He later established a timberland management company. Throughout his public life he has pushed for reforms to support public education and promote racial reconciliation.

<span class="mw-page-title-main">Bill Waller</span> American politician

William Lowe Waller Sr. was an American politician and attorney. A Democrat, Waller served as the 56th governor of Mississippi from 1972 to 1976. Born near Oxford, Mississippi to a farming family, Waller went to law school and in 1950 established a law practice in Jackson. Nine years later, he was elected District Attorney of Hinds County, Mississippi. Waller attempted to reform the position and provoked the ire of local law enforcement for aggressively prosecuting several cases. In 1964, he twice prosecuted Byron De La Beckwith for the murder of civil rights activist Medgar Evers, with both trials resulting in deadlocked juries. In 1967, he launched an unsuccessful campaign for governor, finishing fifth in the Democratic primary.

<span class="mw-page-title-main">Rubel Phillips</span> American politician (1925–2011)

Rubel Lex Phillips was an American politician and lawyer. He grew up poor in Alcorn County, Mississippi and graduated from the University of Mississippi School of Law. Hailing from a politically active family and initially a member of the Democratic Party, he served as a circuit court clerk from 1952 to 1956 and chaired the Mississippi Public Service Commission from 1956 to 1958. In 1962 Phillips joined the Republican Party. He ran as a Republican in the 1963 Mississippi gubernatorial election, the first person to do so since 1947. Supporting a platform of racial segregation and opposition to the presidential administration of John F. Kennedy, he lost, garnering only 38 percent of the vote.

<span class="mw-page-title-main">Jim Hood</span> American politician

James Matthew Hood is an American lawyer and politician who served as the 39th Attorney General of Mississippi from 2004 to 2020.

<span class="mw-page-title-main">Brad Dye</span> American politician (1933–2018)

Bradford Johnson Dye Jr. was an American politician and lawyer who served as the 27th Lieutenant Governor of Mississippi from 1980 until 1992. Dye was the only individual in state history to have served as lieutenant governor for 12 consecutive years.

<span class="mw-page-title-main">Richard Scruggs</span> American lawyer

Richard F. "Dickie" Scruggs is an American former naval aviator and disbarred trial lawyer. He is the brother-in-law of former U.S. Senate Majority Leader Trent Lott. Scruggs first came to the public eye after successfully suing the asbestos industry on behalf of ill shipyard workers. He later represented the state of Mississippi in the tobacco litigation of the 1990s. He also represented hundreds of homeowners in lawsuits against insurance companies following Hurricane Katrina, and a national class action of patients against HMOs in the early 2000s.

<span class="mw-page-title-main">Evelyn Gandy</span> American politician

Edythe Evelyn Gandy was an American attorney and politician who served as Lieutenant Governor of Mississippi from 1976 to 1980. A Democrat who held several public offices throughout her career, she was the first woman elected to a statewide constitutional office in Mississippi. Born in Hattiesburg, she attended the University of Mississippi School of Law as the only woman in her class. Following graduation, she took a job as a research assistant for United States Senator Theodore Bilbo. She briefly practiced law before being elected to the Mississippi House of Representatives, where she served from 1948 to 1952. Defeated for re-election, she worked as director of the Division of Legal Services in the State Department of Public Welfare and Assistant Attorney General of Mississippi until she was elected State Treasurer of Mississippi in 1959.

<span class="mw-page-title-main">John Arthur Eaves Jr.</span> American attorney and politician

John Arthur Eaves Jr. is an American attorney and politician. He was the unsuccessful Democratic Party nominee in the 2007 general election for Governor of Mississippi.

Patrick Hayes "Pete" Johnson Jr. is an American politician and lawyer who served as State Auditor of Mississippi from 1988 to 1992. Originally a Democrat, he joined the Republican Party in 1989, thus becoming the first Republican to hold statewide office in Mississippi since the Reconstruction era. He mounted an unsuccessful campaign for governor in 1991. He served as Federal Co-Chairman of the Delta Regional Authority from 2002 to 2011.

<span class="mw-page-title-main">Eddie Briggs</span> American politician

Eddie Jerome Briggs is an American politician and lawyer. After service in the Mississippi State Senate, Briggs was the 28th Lieutenant Governor of Mississippi, a position which he held from 1992 to 1996. He was the first Republican to have held the office of lieutenant governor of Mississippi since Reconstruction.

Eric Charles Clark is an American politician and academic who served as the Secretary of State of Mississippi from 1996 to 2008.

<span class="mw-page-title-main">Lynn Fitch</span> American politician (born 1961)

Lynn Fitch is an American lawyer, politician, and the 40th Mississippi Attorney General. She is the first woman to serve in the role and the first Republican since 1878. Previously, she was the 54th State Treasurer of Mississippi from 2012 to 2020.

<span class="mw-page-title-main">2015 Mississippi elections</span> Elections in Mississippi

A general election was held in the U.S. state of Mississippi on November 3, 2015. All of Mississippi's executive officers were up for election. Primary elections were held on August 4, 2015, with primary runoffs to be held on August 25, 2015 if no candidate received a majority in the primary. The filing deadline for primary ballot access was February 27.

Paul Thomas Farrell Jr. is an American attorney from Huntington, West Virginia who ran for President of the United States in the 2016 West Virginia Democratic primary.

<span class="mw-page-title-main">Ellis B. Bodron</span> American politician

Ellis Barkett Bodron was an American lawyer and Democratic Party politician who served in the Mississippi State Senate from 1952 to 1984 and in the Mississippi House of Representatives from 1948 to 1952. He was blind.

Merrell Williams Jr.(1941-2013) was a whistleblower in the tobacco industry, revealing secret papers of tobacco companies showing that the companies had been lying to the public. It eventually resulted in a multi-billion-dollar settlement with the US states.

Steven A. Patterson is an American lawyer and politician who served as State Auditor of Mississippi from 1992 to 1996. A Democrat, he worked on several political campaigns in the 1970s and served as treasurer for Bill Allain's 1983 gubernatorial campaign. With Allain's backing, Patterson assumed the chairmanship of the Mississippi Democratic Party, which he held until 1987.

References

  1. 1 2 Branson, Reed (February 19, 2003). "Moore won't seek fifth term as Mississippi's attorney general". The Commercial Appeal. pp. A1–A2.
  2. 1 2 Nash & Taggart 2009, p. 260.
  3. 1 2 3 4 5 6 Salter, Sid (March 10, 2002). "Looking at a gubernatorial bid or senatorial bid, is Mike Moore... Blowing smoke or smokin'?". The Clarion-Ledger. p. G1. Retrieved February 16, 2023.
  4. 1 2 3 4 5 Cassreino, Terry; Peterson, Patrick (September 29, 1989). "Moore abandoned a job he loved when he made decision to join race". The Sun Herald. pp. A1, A14.
  5. 1 2 3 Deprez, Esmé E; Barrett, Paul (October 5, 2017). "The Lawyer Who Beat Big Tobacco Takes On the Opioid Industry". Bloomberg Businessweek . Retrieved October 18, 2017.
  6. Landon 2006, p. 172.
  7. "About Your Attorney General". Mississippi Office of the Attorney General. Archived from the original on December 18, 2003. Retrieved December 16, 2018.
  8. Sack, Kevin (April 6, 1997). "Tobacco Industry's Dogged Nemesis". The New York Times. Retrieved December 16, 2018.
  9. 1 2 Mosby, Ray (February 27, 1981). "Moore launches attorney general campaign early". The Clarksdale Press Register. p. 1.
  10. 1 2 3 Pettus, Emily Wagster (February 19, 2003). "Moore leaving politics for now". The Greenwood Commonwealth. Associated Press. pp. 1, 10.
  11. Braswell, Janet (October 13, 1987). "Moore says he would do things". Hattiesburg American. p. 3A.
  12. 1 2 Busbee 2014, p. 371.
  13. Ball 2006, p. 61.
  14. Cassreino, Terry R. (January 8, 1988). "Dye vows to work with Mabus : Officials sworn in". The Sun Herald. p. C1.
  15. Minor, Bill (May 22, 1988). "AG gets landmark white-collar crime bill". The Greenwood Commonwealth. p. 4.
  16. Minor, Bill (June 3, 1992). "Attorney General Mike Moore brings down miscreant public official". The Clarke County Tribune. p. 2A.
  17. Crockett 2003, pp. 291–292.
  18. Crockett 2003, p. 292.
  19. 1 2 3 Boyer, Peter J. (May 19, 2008). "The Bribe". The New Yorker. Archived from the original on October 24, 2014. Retrieved December 16, 2018.
  20. Cassreino, Terry R. (April 27, 1989). "State files $200 million asbestos suit". The Sun Herald. pp. C1, C4.
  21. Crockett 2014, p. 73.
  22. Crockett 2014, p. 74.
  23. 1 2 3 Busbee 2014, p. 373.
  24. 1 2 3 "Attorney General Mike Moore : A timeline of his career". The Clarion-Ledger. February 19, 2003. p. 9A.
  25. Pender, Geoff (October 7, 1992). "Moore wants new anti-drug power". Hattiesburg American. p. 9A.
  26. Baughn, Alice Jackson (December 25, 1992). "U.S. attorney post up in the air". The Sun Herald. p. C1.
  27. Moskal, Jerry (December 14, 1993). "Federal panel urges states to adopt model anti-drug laws". The Clarion-Ledger. p. 1B.
  28. Nash & Taggart 2009, pp. 260, 262.
  29. Derthick 2011, p. 77.
  30. Crockett 2014, pp. 74–75.
  31. Nash & Taggart 2009, pp. 262–263.
  32. Derthick 2011, pp. 61–62.
  33. 1 2 Nash & Taggart 2009, p. 263.
  34. Derthick 2011, p. 74.
  35. Nash & Taggart 2009, p. 264.
  36. Nash & Taggart 2009, pp. 263–265.
  37. Nash & Taggart 2009, p. 265.
  38. 1 2 Nash & Taggart 2009, p. 266.
  39. Nash & Taggart 2009, pp. 266–267.
  40. 1 2 Nash & Taggart 2009, p. 267.
  41. Crockett 2014, p. 75.
  42. Harrison, Bobby (June 26, 2022). "Landmark tobacco lawsuit settled 25 years ago — what happened to money?". Mississippi Today. Nonprofit Mississippi News. Retrieved February 21, 2023.
  43. Kanengiser, Andy (January 6, 2004). "Former AG to join Jackson law firm". The Clarion-Ledger. pp. 1B, 5B.
  44. Ball 2006, p. 62.
  45. "Mike Moore". Frontline: Inside the Tobacco Deal. Public Broadcasting Service. Archived from the original on October 13, 1999. Retrieved December 16, 2018.
  46. Mahtesian, Charles (December 1998). "Big Tobacco's Nemesis". Governing . Archived from the original on October 2, 1999. Retrieved December 17, 2018.
  47. Ball 2006, p. 63.
  48. Naylor, Robert Jr. (February 26, 1989). "Moore won't be waging losing battles". The Clarion-Ledger. Associated Press. p. 1B.
  49. Krane & Shaffer 1992, pp. 66, 273.
  50. 1 2 Ball 2006, pp. 62–63.
  51. Ball 2006, pp. 58–59.
  52. Ball 2006, pp. 58, 61, 63.
  53. Ball 2006, pp. 63–64.
  54. Ball 2006, pp. 66–67.
  55. Mitchell 2021, p. 292.
  56. Ball 2006, pp. 70–71.
  57. Ball 2006, p. 71.
  58. Ball 2006, p. 72.
  59. Byrd, Shelia Hardwell (February 19, 2003). "Possible contenders for Mississippi AG emerging". The Greenwood Commonwealth. Associated Press. p. 10.
  60. Byrd, Shelia Hardwell (January 9, 2004). "Tuck, other statewide officials take oaths". The Sun Herald. Associated Press. p. A9.
  61. Pettus, Emily Wagster; Byrd, Shelia Hardwell (January 11, 2004). "Moore shows support for new attorney general". The Sun Herald. Associated Press. p. B4.
  62. Ball 2006, pp. 73–74.
  63. Bowen, C. T. (August 31, 2021). "Opioid payout up to $60M". Tampa Bay Times. pp. 3A, 16A.

Works cited

Mike Moore
Mike Moore 1998.jpg
38th Attorney General of Mississippi
In office
January 7, 1988 January 8, 2004
Party political offices
Preceded by Democratic nominee for Attorney General of Mississippi
1987, 1991, 1995, 1999
Succeeded by
Legal offices
Preceded by Attorney General of Mississippi
1988–2004
Succeeded by