p.1 IN THE CIRCUIT COURT OF THE ELEVEN1H HJUDICIAL

CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO. 91-49738 CA 22

NORMA R. BROIN, et al, Plaintiffs;

vs. PIIlLLIP MORRIS COMPANTES, INC. et al,

Defendants.

. AFFIDAVIT IN SUPPORT OF MOTION TO DISQUALIFY

My name is Alani Blissard. I retired from American Airlines as a flight attendant after 36 years of flying, starting in 1967. I reside in Honolulu, Hawaii. I am over 21 years ofage and I-have personal knowledge ofthe facts contained within my Affidavit. As a never-smoker who flew in these smoke-filled cabins I suffered airway damage and have first-hand knowledge ofhow toxic the smoke was which affected us. I joined the Broin Flight Attendant Class Action filed. in 1991 against tobacco companies to seekjust:i.ce for the damages caused to me and my colleagues. I became a Class Representative for the lawsuit. As such Representative, I was asked to join the Board ofTrustees ofPlight Attendant Medical Research Institute, Inc. (hereinafter, "FAMRI") after the Settlement in 1997. FAMRI's work has positively impacted the face ofmedicine on the subject of second hancl tobacco smoke as well as third hand tobacco smoke by laying substantial groondwork for future treatments, early detection and cures. We are very proud ofthe accomplishments ofFAMRI. Far from doing anything wrong, we have been and are continuing to do a great deal which is benefiting flight attendants and will ultimately benefit humanity. TheFlight Attendant class representatives who served on F AMR.I's Board and

-aUofthe-initial-att:orneys-trrtbe-individ:ual-lawsttits worked elosely tegedief. One ofthe attorneys, Steven Hunter, was the key-note ~peaker at one ofo:ur

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FAMRI Symposiums and he conveyed enthusiasm about the work ofF AMRI and complimented the outcome of the studies. These attorneys acted as a team and I and other class representatives, Patty Young and Bland Lane, shared many confidences with them. These attorneys, Steven Hunter and Philip Gerson, whom we truly trusted and confided in about ourselves and F AMRI, have now turned against us-their clients and assistants in the flight attendant cases. It is now clear that this is nothing but a money grab motivated by greed and a lack of integrity. I and others at FAMR.I often sent the initial attorneys relevant published research and documents from our FAMR! funded scientists to help with the flight attendant cases. FAMRI's Medical Advisory Board, consisting ofworld prominent doctors and scientists, use the outcome of the peer review to advise the FAMRI Board for the final decisions. The research was utilized by the attorneys in our cases. In addition to the research, F AMR.I also funded early detection screening centers at the University ofCalifornia, San Francisco and Cornell Medical Center/Mount Sinai Medical Center and additional screening centers for flight attendants throughout the United States, including three in California, Georgia, Texas, New Jersey, Rockville Center, New York and pending in Miami, Florida and Oceanside, New York. I helped whenever possible with the flight attendant cases by testifying about the truth of our cabin conditions. Since I did not live on the East Coast I flew

. :from ~if()mia or ~'\V_a!!_to_llPP~~ 11t least twi~e. (11Y position as a FAMRI. . Board member was known and did not seem to obviate my testifying.) For the few trials that were brought, F AMRI Board members and former Class. Counsel were in attendance in support of the attorneys' efforts for justice sought by non-smoking flight attendants for their diseases as we considered these attorneys as our allies against Tobacco. I also recruited other flight attendants as witnesses who aiso traveled great distances to perfonn as witnesses for some ofthe attorneys. I was deposed twice and participated in numerous meetings with flight attendant attorneys at the time-Miles McGrane, Philip Gerson, Steven Hunter, Marvin Weinstein and members of his firm. Alex Alvarez joined later and worked with the others. I believe he is assisting Miles McGrane in Miles' cases. Mr. Alvarez never tried a case. As to my interaction with my own attorney often years, Steven Hunter, thr()ugb conferences with him on my personal suit, giving testimony and finding other flight attendants to testify, I spoke freely about myself. F AMRI and other topics, as we were in a close attorney/client relationship (Exhibit A, Co:ntract). During this period under this privilege I mentioned my frustration abouthow very few cases had gone to trial. ill these conversations; Mt. HUnter, asked me to request~nds from F AMRI to cover litigation costs and cost "'!~'!W

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compensation from a research institute, while their attorneys take 3 0% plus expenses ofFAMRI' assets. The blatant attempt to raid FAMRI's coffers has been going on for over a year. Because F AMRI would not cooperate in their scheme to violate the Settlement Agreement and U.S. tax laws, the Petition was filed. It has not only caused enonnous hardship for F AMRI's work, but has also been personally difficult to all ofus involved with this Foundation. The waste oftime, energy and resources, as well as the damage to health and family life, has been immeasurable. This must be stopped! It is unethical, dishonest and in every wayJJ unacceptable. The toll this has taken and is continuing to take on this Foundation, those of us who work with it, the scientists we fund and ultimately the 1;1.igJ:it a,~~!l~~nt;; we sezye is. ~t;\OrJl19US all because ofa 9,elibera~~Jtttempt to . dismantle F AMR! by the very group ofattorneys who are supposed to be takingthese flight attei:tda:nt cases to Court against tobacco companies; not FAMIU. Purswm.t to section 92.525(2), "under penalty ofperjury, I declare that the foregoing affidavit and the facts stated in it are true."'

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04126/2010 SUN 9:66 FAX 30& 0005 FAl!Rl lil!0071010STATEMENT OF CI.lENT'S R1GUTS

Before.YOU, I.he prospective client. arrange a contingency fue agreement with a lawyer, you should understand lhls statement of your rights ll$ a clie111. This stalernent is not a part of the aetual contract between you and your lawyer, but as a prospective cllent, you should be aware of these rights:

I 1. There is no legal requirement that a lawyer chai:ge a client a set fee or a percentage of money recovered in a ca,se. You, the client, have the right to talk with your lawyer about the pxoposcd fee and to bargain about the rate of percentage as in any other contract. If you do not reach an agreement wltb one lawyer you tnay: talk with other lawyers.

iJ: 2. Any contingency fee ?>ntract must be In writing and you ha-Ve three (3) business days to reconsider the contract. You may cancel the contract WlthClut any reason if you notify your lawyer In writing within (3) business days of signing the cort.1:ract. lf you withdraw from the eonrract within the first three (3) busine$S days you do not owe the lawyer a fee although you may be reslJOnsible for the lawyer's actual costs during th.at dme. Ifyour lawyer begins to represent you, )'(ll!.r lawyer may not withdraw from the case without giving you notice, delivering necessary papers io you, and aUowjng you time to employ another lawyer. Often, your lawyer niilllt obtain coun: approval before v.(ithdtawing fi'om a case. Ifyou discharge your lawyer without good cause after the three4ay period, you may have to pay a fee fox- work the lawyer has done.

3. Before hiring a lawyer, you, the client, have the right to know about the lawyer's e!ui::ation, training and experience. IfyOll ask; the lawyer should tell you spectficl'illy about his

04/26/2010 UY ~'N

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: ll 306 .' 0005 PAMRl ~008/010 p.10Statement of Client's Rights Page2

5. lf your lawyer illte,nds to refe~ your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. rr your lawyer, takes the case and later decides to refer it to another lawyer or to associate with otMr lawyecs, you should slgn a new contract which includes the new lawyers. You, the client, also have the right to ccnsult with each lawyer worlclng on your case and each lawyer is legally responsible to represent your inte.ll!Slll and Is legally responsible for the actS of the ocher lawyers invoJ.red in the ca~.

6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fee:s at the end of the case. If you pay n deposit in advance for costs, you may ask ieasonable questions about how the money will be or bas been spent and bow much of it retnakis unspent. Your lawyer 'hould give a reasonable $1.imate about future nece$sary costs. Ifyour lawyer agrees to lend or advance you money to prepare or research lh.e case, you have the right 10 know periodically how much money your lawyer !\;ls spent on your behalf. You alsobave

' ti.le tight to decide. after consulting With your lawyer, how much money ls 10 be spent to prepare R a. case. If you pay th!> ~s. you have the right to decide how much to spend. Your lawyer

sllould also iofonn you whether the fee wm be based on the gross a!JlOUnt recovered or on the amount recovered mint!$ the costs.

7. You, the client, have the right to. be told by yOI' lawyer about possible adverse COl'ISCquences if you Jose .!he case. Those adverse consequences might Include money Which you Illlglit have to pay to your ta'Wyer for costs, and liabilicy youmight have >pay to )'Olir lawyer for costs, and liability you might have for attorney's fees to the other side.

8. You, lhe client, have the right to receive aod approve a closing statc:lilent a1 the end of 1hecase before you pay any mooey. The statement must list all of the fu!anclal octails of the entit'e case, including the amount recovered, au expenses, aod a imclsc statement of your lawyer's fee. Untll you approve the clqsl.ng statexnent you need not pay any money to anyone, Including your lawyer. You al.so have the right to have every lawyer or law fi.nn working on our case sign Ibis closing statement.

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04/%6/2010 Sl/N 9 57 Fn 05.' ~ 0005 FAllRI li!I009/010 p.1 ..._ I ~

Stllternent of Cl\.cm' s Rig'nts Page3

9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questloos answered to the best of your lawyer's ability.

10. You, the client, have the tight to make the fJnal decision regarding settlement of a case. Your lawyer mus.t notify you of a~ers of setclement before and after lhe trial. Offers during the trial must be immediately eom.munieated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accq>t or reject a settlement.

11. If o.t any time, you, lhe client, believe that your lawyer has charg~ an excessive or illegal fee, you, the ellent, have tb.e right to report the matter .10 the Florida Bar, the agency tbat ove1S>CCS the practice and bc:haviQr of all lawyers in Florida. l'or information on how to reach The Florida Bar, call 600-342-8060, or contact the local bar association. Any 4isagreement between you and your lawyer aJiout a fee can be taken to court and you may wish to bke another lawyer to help yoo resolve this disagi:eement. Usually fee disputes must he handled in a separate lawsuit.

COPY FOR YOUR RECORDS

482

4133 Papu Circle

Honolulu, Hawaii 96816 Apr/128, 2010

Steven Hunter, Esq. Miami, Florida

Steve,

I want to confirm in writing what I will tell you In person. You have been my attorney for ten years and I have testifiedfor you and the other attorneys In severalflight attendant trials. Ihave spoken to you extensively about the flight attendant litigation and about Flight Attendant Medical Research lnstlttite (FAMRI}. I spoke to you freely since we had a close attorney/client relationship. I told you howfrustrated I was with the very few.cases that have gone to trial.

You asked me to request funds from FAMRJ to cover costs and costjudgments In the flight attendant cases and we discussed those Issues. It was Indicated that we could not authorize such expenditures, unrelated to scientific research by FAMRI, a not for profitfoundation. The first I heard about your contemplating an action against FAMRI was when Ilearned from Stanley and Susan about your proposed petition against FAMRI. It was like a member ofmy family turned against me.

As Trustees, Patty and I have been accused ofnot following ourmission and not _helping or benefitingflight attendants through funded research. This Is simply not true. However, even If It were, you, who represents me, and the other counsel cannot sue FAMRI when your client-me-ls harmed by your actions. All other flight attendants are also harmed IfFAMRI Is harmed, and I strongly oppose what you are doing.

We want compensation from tobacco companies that caused our diseases and medical conditions, notfrom FAMRI. I certainly do not want you or any ofyour group ofGerson, Alvarez, Paige and Trap to bring ony claims against FAMRI or sue FAMRI for any reason.

Lani 81/ssard

~~~

" I. 4133 Papu Circle

Honolulu, Hawaii 96816 May 12,2010

(vla Facsimile 305-371-1307 and email shunter@hunterwllllamslaw.com)

Steven Hunter, Esq. Hunter, William.r & Lynch, P.A. Gables Square, Suite 1150 I

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75 Valencia Avenue Coral Gables, FL 33134 li

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Steve, ..

I received your letter ofMay 6, 2010 with your motion to withdraw as my i' !' counsel and have the following comments:

1. We dld speak on numerous occasions about FAMRl matters, which I assumed were collfidentlal as you were my attorney and I trusted you;

2. You asked ifFAMRI could indemnify Flight Attendants against cost judgments iftheir ca.sea were lost and Tobacco chose to seek this actUHi: I-- - -

brought this urrto the F AMRl Board and was told by coun.rel th.at we could .. not do this as it was contrary to the status ofourfoundation;

3. I and others at F AMBI often sent you relevant research and documents ./ ~J from our FAMRljundedscientists to help with thq FIA cases. You and your colleagues utilized this information in our FIA cases and I understand, in the Engle cases as well;

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4.1 attempted to help whane\.er posslble with the FIA cases by testifying Ii iabout the truth ofour cabin conditions. (My position as a F AMR!Board ' member was known and dkl not seem to obviate my testifying). Also, our FAMRI Board attended parts ofthe FIA trials in supportofyouand the Fl As-our allies against Tobacco;

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. . 5. You were a luncheon speaker at one ofour FAMRI Symposiums, and were enthused and complimentary ofthe work ofF AMR/ and our funded scientist$. You and your colleagues attended other FAMRI meetings and scientific :sessions, as reflected by our photos and tapes. Then l learned that your colleagues and you are suing F AMRl. This is shfX:king and seems to be an o,bvious conflict ofinterest;

6.1 appropriately advised you thal I objected to your suing F AMRJ (and] me) in my letters ofApril 28 and 29, 2010.1 did not ask that you withdraw

and abandon your representation ofme in my FIA case against Tobacco;

J 7. For your colleagues and you to suggest you are assisting F/As by suing J FAMRI ts simply wrong. F AMR! has and ls serving the flight attendant class by building research which addresses the very serious illnesses we have J

sustained from our years ofexposure to second hand tobacco smoke. This is importanl and necessary. As to the FIA cases, thesejllght attendants deserve their day in court, not to be dismissed with some nominal fee, inadequate

] far the severe damage they received. Neither 'raiding' FAMRJ and therefore discontinuing the valuable research nor dropping FIA cases, with a token

J payout, would serve Fl As.It would, instead, damage themjurther.

J Steve, we have worked together on numerous occasions, and I have always

believed in you and your good intentions regarding F/As and their cases. Now, these actions are not congruent with this. They are not right, and I

] truly hope you will reconsider your posltton. here. I do not believe you and your cohorts wlll prevail and I urge you lo not to proceed in this manner.

J I will object to your withdrawing ofter 10 years as my counsel and under J these circumstances and I want to attend the hearing. My daughtergraduates on June 12 and ifyou still want to withdraw from my case, l can J

be in Miami/or the hearing a few days later. Please email me promptly to corifirm you are not proceetllng with the hearing on May 20 and give me as much notice as possible ofany new hearing date. My emaU address is

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Alani Blissard AffidavitExhibit A - Blissard AffidavitExhibit B - Blissard Affidavit