Judge Kessler Drops Out of DOJ Case

September 21, 2017 9:00 am by Gene Borio

The PDF is Here

EXCERPT:

The above-entitled case was reassigned on 8/29/2017 from Judge Gladys Kessler to Judge Paul L. Friedman by direction of the Calendar Committee.

(Case Transferred by Consent)

END EXCERPT

(more…)

USA v PHILIP MORRIS, et. al.: ORDER# 68 - REMAND, Jul 25, 2017

August 1, 2017 5:51 pm by Gene Borio

The PDF is Here

EXCERPT:

After considering the parties’ joint filing dated July 11, 2017, and the entire record in this case, it is hereby

ORDERED that the parties shall apply their best efforts, by August 11, 2017, to submit an agreed upon (Proposed) Second Superseding Consent Order, or to provide a further status report to the Court outlining the status of finalizing mockups and any other remaining issues concerning the implementation of the corrective-statements remedy in these media channels. It is further

ORDERED that Defendants’ and the Remedies Parties’ comments on the topic description to be incorporated into the preamble to Statement C (light/low-tar) that this Court ordered (at pages 5-7 of the Memorandum Opinion (Dkt. No. 6209)) accompanying Order #67-Remand), are

_________ CREDITED, such that Order #67-Remand and its accompanying Memorandum Opinion are hereby AMENDED to substitute “this statement about the harmfulness of low tar and light cigarettes” in place of “this statement about low tar and light cigarettes being as harmful as regular cigarettes” in Statement C.

- - - - or - - - - -

√ ________DISREGARDED, such that the language of Statement C will remain as the Court previously ordered in Order #67-Remand and its accompanying Memorandum Opinion.

END EXCERPT

(more…)

DOCKET for USA v PHILIP MORRIS, et. al., Jul 11-25, 2017

August 1, 2017 5:32 pm by Gene Borio

07/11/2017 6211 Joint STATUS REPORT Regarding Corrective Statements by ALTRIA GROUP, INC., PHILIP MORRIS USA INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Agneshwar, Anand) (Entered: 07/11/2017)

07/25/2017 6212 ORDER #68-Remand: It is ordered that the parties shall apply their best efforts, by August 11, 2017, to submit an agreed upon (Proposed) Second Superseding Consent Order, or to provide a further Status Report to the Court outlining the status of finalizing mockups and any other remaining issues concerning the implementation of the corrective-statements remedy in these media channels; it is further ordered that Defendants’ and Remedies Parties’ comments on the topic description to be incorporated into the preamble to Statement C (light/low-tar) that this Court ordered at pages 5-7 of the Memorandum Opinion at Dkt. No. 6209, accompanying Order #67-Remand) are DISREGARDED, such that the language of Statement C will remain as the Court previously ordered in Order #67-Remand and its accompanying Memorandum Opinion. Signed by Judge Gladys Kessler on 7/25/17. (CL) (Entered: 07/25/2017)

DOCKET for CEI v. DOT, Apr 28, 2016-Jul 21, 2017

July 21, 2017 8:35 pm by Gene Borio

EXCERPT:

07/21/2017

OPINION [1685254] filed (Pages: 17) for the Court by Judge Randolph, CONCURRING OPINION (Pages: 1) by Judge Kavanaugh, DISSENTING OPINION (Pages: 5) by Judge Ginsburg. [16-1128]

END EXCERPT

(more…)

USA v PHILIP MORRIS, et. al.: JOINT STATUS REPORT REGARDING CORRECTIVE STATEMENTS, Jul 11, 2017

July 11, 2017 5:11 pm by Gene Borio

The PDF is Here

EXCERPT:

First, since this Court issued Order #67-Remand, the parties have discussed steps to move forward expeditiously to the implementation of the corrective statements. The parties plan to update and submit for this Court’s consideration proposed Consent Order language to incorporate the revised text across all executions (newspapers, television, websites, and onserts); and to make other conforming changes to the Consent Order. Among possible changes to the Consent Order, Plaintiffs have proposed that the parties replace the agreed-upon Trigger Date mechanism with a date certain for implementation to begin in newspapers, television, and company websites, and a second date certain for implementation to begin on onserts; and that the parties remove the tobacco companies’ reservation of rights to appeal.

. . .

The parties respectfully request that the Court require them to apply their best efforts, by August 11, 2017, to submit an agreed upon (Proposed) Second Superseding Consent Order, or to provide a further status report to the Court outlining the status of finalizing mockups and any other remaining issues concerning the implementation of the corrective-statements remedy in these media channels. The parties are attaching a (proposed) Order for the Court to consider and, if acceptable, to enter.

END EXCERPT

(more…)

DOCKET for USA v PHILIP MORRIS, et. al., Jun 20-30, 2017

July 1, 2017 9:03 pm by Gene Borio

06/20/2017 6207 MANDATE of USCA as to 6191 Notice of Appeal to DC Circuit Court, filed by ALTRIA GROUP, INC., R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA INC., COMMONWEALTH ALTADIS, COMMONWEALTH BRANDS INCORPORATED, ITG BRANDS, LLC ; USCA Case Number 99-2496. (Attachments: # 1 USCA Order)(td) (Entered: 06/23/2017)

06/27/2017 6208 ORDER #67-Remand: In accordance with the Opinion of the Court of Appeals in April 2017, the Parties shall be governed by the Corrective Statements set forth in pages 5-7 of the accompanying Memorandum Opinion; any objections or comments to the Corrective Statements shall be filed no later than 14 days after the issuance of this Order; no submission shall exceed five pages. Signed by Judge Gladys Kessler on 6/27/17. (CL) (Entered: 06/27/2017)

06/27/2017 6209 MEMORANDUM OPINION to Order #67-Remand. Signed by Judge Gladys Kessler on 6/27/17. (CL) (Entered: 06/27/2017)

06/30/2017 6210 NOTICE Triennial Report On Changes In Trade Secret Or Confidential Status Of Documents by ALTRIA GROUP, INC., PHILIP MORRIS USA INC. (Attachments: # 1 Exhibit Downgrade Report per Order #1015)(Agneshwar, Anand) (Entered: 06/30/2017)

USA v. Philip Morris, et. al. Appeal: MANDATE, Jun 20, 2017

June 20, 2017 3:35 pm by Gene Borio

The PDF is Here

EXCERPT:

In accordance with the judgment of April 25, 2017, and pursuant to Federal Rule of Appellate Procedure 41, this constitutes the formal mandate of this court.

END EXCERPT

(more…)

USA v. Philip Morris, et. al. Appeal: J U D G M E N T, April 25, 2017

June 20, 2017 3:25 pm by Gene Borio

The PDF is Here

EXCERPT:

On consideration thereof, it is ORDERED and ADJUDGED that the judgment of the District Court appealed from in these causes be affirmed in part, reversed in part, and the case be remanded for further proceedings, in accordance with the opinion of the court filed herein this date.

END EXCERPT

(more…)

NICOPURE v. FDA: NOTICE (Joint) by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, FOOD AND DRUG ADMINISTRATION, Jun 8, 2017

June 13, 2017 3:19 am by Gene Borio

The PDF is Here

EXCERPT:

The parties respectfully notify the Court that the Food and Drug Administration (“FDA”) has announced that it is deferring enforcement of all future compliance deadlines under the Deeming Rule for three months . . .

Plaintiff Nicopure Labs, LLC believes that this deferral is not a reason for the Court to withhold its decision on the pending cross-motions for summary judgment. Plaintiffs Right To Be Smoke-Free Coalition et al. do not join Nicopure in this last point. Defendants take no position on this point.

END EXCERPT

(more…)

DOCKET for CEI v. DOT, Nov 14, 2016-Apr 10, 2017

April 10, 2017 4:38 pm by Gene Borio

EXCERPT:

11/14/2016 Open Document JOINT APPENDIX [1645941] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings.

. . .

04/10/2017 Open Document ORAL ARGUMENT HELD before Judges Kavanaugh, Ginsburg and Randolph. [16-1128]

END EXCERPT

(more…)