THE LOEWEN GROUP, INC. and RAYMOND L. LOEWEN, v. THE ...

! repeatedly fail to distinguish between the interview memoranda and the
Corlew Report, portraying Mr. Corlew's analysis and conclusions as actual
statements of the interviewed jurors; 34 and
! repeatedly refer to a memorandum of Mr. Robertson's interview of the
dissenting juror as "the Juror Report" (see Joint Reply at 42, 90, 129).
Perhaps most egregiously, though, claimants, throughout their Joint Reply, represent
Loewen's lawyers' paraphrases and summaries of the jurors' purported remarks in the interview
memoranda as actual quotations of the jurors themselves. See Joint Reply at 25, 41, 42, 48, 51,
61, 68, 69, 99-100, 105, 128, 129. 35 In fact, claimants go so far as to italicize certain phrases in
the lawyer summaries to "emphasize" what claimants portray – without any qualification to the
Tribunal – as the individual jurors' own words. See Joint Reply at 41, 51, 68, 69.
Although it is tempting to correct, or provide context to, each of claimants' (mis)citations
to the Corlew documents, Professor Vidmar's unrebutted statement provides a clear, thorough
accounting of the jurors' reported comments. Thus, beyond urging the Tribunal to read, for itself,
the underlying documents, we add only the following brief comments to put the Corlew Report
and interview memoranda into an appropriate context.
Claimants repeatedly characterize the Corlew Report and juror interview memoranda as a
"government source," suggesting, it seems, that the government played some role in their
creation. These documents, in reality, were the fruit of a Loewen-sponsored investigation,
34 See Joint Reply at 35, 41-42. Again, this is particularly confusing when claimants, in
the same sentence or paragraph, combine quotations from the Corlew Report with quotations
from the interview memoranda. See Joint Reply at 41, 68-69, 90, 128-29.
35 There is no indication the interviews were taped or transcribed verbatim (nor have
claimants produced any such tape recording or transcription), and the interview memoranda
consist largely of paraphrases and summaries of statements the jurors purportedly made during
the interviews. The few juror statements reported directly appear in quotation marks.
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