The sticking point in talks involving state attorneys and cigarette makers remains a set of tobacco industry conditions that critics say would severely curtail, if not eliminate, smokers' chances of winning damages for smoking-related injuries.

Makers of cigarettes indicated some flexibility Wednesday on a hard-line proposal to settle the tobacco wars, but state attorneys temporarily halted the negotiations for a week to regroup."So far we are nowhere near agreement" on protection from lawsuits, said Connecticut Attorney General Richard Blumenthal. "We are breaking the formal talks with some movement, but not enough to applaud or celebrate. I still wouldn't rate the chances of a settlement higher than 50-50."

Formal talks were to resume next week. But several attorneys scheduled a conference call to work through the liability issues Thursday, and Mississippi Attorney General Michael Moore remained in Dallas to attempt some back-room negotiations.

Anti-tobacco attorneys spent several hours Wednesday attempting to persuade the industry to back off a condition that to recoup any money from the proposed settlement, sick smokers must prove they were unaware of smoking's dangers.

View Comments

Tobacco foes also flatly rejected a proposal to block smokers from filing traditional lawsuits against the industry, instead forcing them to resort to fraud causes that require proof they were misled about the risks of smoking.

The industry indicated it may reconsider those conditions.

Tobacco foes have insisted that no settlement could cap the damages a sick smoker could win. Cigarette companies, meanwhile, rejected proposals by state attorneys general that would place a cap on legal damages to be paid each year.

One source said cigarette makers indicated they could reconsider their demand for a $250,000 cap on compensatory damages, although they stood firm on their demand for protection against having to pay hundreds of thousands of dollars in punitive damages.

Join the Conversation
Looking for comments?
Find comments in their new home! Click the buttons at the top or within the article to view them — or use the button below for quick access.