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

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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.

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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.

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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]

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CEI v DOT: COURTROOM MINUTES OF ORAL ARGUMENT, Apr 10, 2017

April 10, 2017 4:33 pm by Gene Borio

The PDF is Here

EXCERPT:

BEFORE:

Circuit Judge Kavanaugh, and Senior Circuit Judges Ginsburg and
Randolph

COURTROOM MINUTES OF ORAL ARGUMENT

PROCLAMATION BEING MADE, the Court opened on April 10, 2017 at 3:11 p.m. The
cause was heard as case No. 3 of 3 and argued before the Court by:

Sam Kazman, counsel for Petitioners.

Tara S. Morrissey (DOJ), counsel for Respondents.

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CIGAR ASSOCIATION OF AMERICA, et al. v FDA: NOTICE OF AMICUS CURIAE CAMPAIGN FOR TOBACCO-FREE KIDS IN RESPONSE TO THE COURT’S NOTICE TO PARTIES

April 5, 2017 10:38 pm by Gene Borio

The PDF is Here

NOTICE OF AMICUS CURIAE CAMPAIGN FOR TOBACCO-FREE KIDS IN RESPONSE TO THE COURT’S NOTICE TO PARTIES

EXCERPT:

Lawyers with the law firm, Zuckerman Spaeder LLP, have been representing Tobacco-Free Kids and other public health and medical organizations in connection with amicus curiae briefs either filed, or to be filed, in various lawsuits challenging FDA’s deeming rule extending the agency’s authority to, among other tobacco products, e-cigarettes and cigars. Although Tobacco-Free Kids does not anticipate having Zuckerman lawyers enter an appearance before this Court, Andrew N. Goldfarb and Carlos T. Angulo at Zuckerman have performed approximately four (4) hours of work on this matter thus far and are expected to provide substantial assistance in drafting the amicus brief that Tobacco-Free Kids intends to file in this case.

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CIGAR ASSOCIATION OF AMERICA, et al. v FDA: NOTICE TO PARTIES, Apr 3, 2017

April 3, 2017 4:03 pm by Gene Borio

The PDF is Here

EXCERPT:

I hereby provide notice to the parties that my former law firm, Zuckerman Spaeder LLP, has, from time to time, and still may, represent the Campaign for Tobacco-Free Kids (“CTFK”). When I was a lawyer at the firm, I did not work on any matter on behalf of CTFK. Additionally, my wife is a partner at Zuckerman Spaeder LLP. She has never worked on a matter for CTFK.

. . .

I do not know whether Zuckerman Spaeder LLP is assisting CTFK in the amicus brief it intends to file in this matter. In the event that my former firm has provided or will provide any assistance or advice concerning the amicus brief that CTFK intends to file, CTFK shall file a notice with the court

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CIGAR ASSOCIATION OF AMERICA, et al. v FDA: BRIEF OF AMICUS CURIAE CAUSE OF ACTION INSTITUTE, Apr 3, 2017

April 3, 2017 3:57 pm by Gene Borio

The PDF is Here

EXCERPT:

To Those Courageous Men And Women Who Came To This Country In Search Of Personal Freedom, Economic Opportunity And A Future Of Hope For their Families

These words, etched on the Immigrant Statue in historic Ybor City, ring hollow in the face of regulatory onslaught by the Food and Drug Administration’s (“FDA”) “Deeming Rule.”3 FDA is destroying personal freedom, eliminating economic opportunity for small businesses engaged in the premium cigar industry, and crushing hope for a better life for those working so hard to feed and clothe their families. These people and their families deserve better and should be treated fairly. FDA’s regulatory abuse in this case is unfair and un-American.

. . .

Inexplicably, FDA ignored all comments from the premium cigar industry, Congress, local government, media, and the citizens of the United States, particularly those affected in ways large and small by FDA’s power grab.

Had FDA and the Department of Health and Human Services existed during the period of 1885–1930, the ill-conceived regulation of the premium cigar industry would have destroyed Ybor City’s factories and put thousands of immigrants out of work. FDA now belatedly and disastrously inserts itself into the biography of the premium cigar industry and generations of cigar growers and producers. But the result is the same. Simply put, FDA’s “Deeming Rule” threatens to destroy a $20 billion industry and put at least 20,000 Americans out of work.14

As noted in a recent letter by several Members of Congress to Vice President Michael R. Pence, “when Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009, its stated intent was to prevent youth access to tobacco products and the negative health effects of smoking addiction. Neither of these concerns applies to premium cigars which are consumed in moderation and by adult consumers.”

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DOCKET for CIGAR ASSOCIATION v FDA, Apr 3-5, 2017

April 3, 2017 3:40 pm by Gene Borio

Date Filed # Docket Text

04/03/2017 29 MOTION for Leave to File by Campaign for Tobacco-Free Kids (Greenwold, Mark) (Entered: 04/03/2017)

04/03/2017 MINUTE ORDER granting 23 Cause of Action Institute’s Motion for Leave to File Brief as Amicus Curiae. Signed by Judge Amit P. Mehta on 04/03/2017. (lcapm3) (Entered: 04/03/2017)

04/03/2017 30 ORDER granting 29 Unopposed Motion of Campaign for Tobacco-Free Kids for Leave to File Brief Amicus Curiae. See attached Order for additional details. Signed by Judge Amit P. Mehta on 04/03/2017. (lcapm3) (Entered: 04/03/2017)

04/03/2017 31 NOTICE TO PARTIES. See attached Notice. Signed by Judge Amit P. Mehta on 04/03/2017. (lcapm3) (Entered: 04/03/2017)

04/03/2017 32 AMICUS BRIEF re 22 IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by CAUSE OF ACTION INSTITUTE. (jf) (Entered: 04/03/2017)

04/05/2017 33 NOTICE in Response to the Court’s Notice of April 3, 2017 by CAMPAIGN FOR TOBACCO-FREE KIDS (Greenwold, Mark) (Entered: 04/05/2017)

DOCKET for CIGAR ASSOCIATION v FDA, Feb 21-Mar 22, 2017

March 22, 2017 9:47 pm by Gene Borio

EXCERPT:

MINUTE ORDER granting 27 the parties’ Joint Motion to Amend Scheduling Order. The revised schedule is as follows: Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be filed on or before May 1, 2017; briefs of any amici granted leave to file in support of Defendants shall be filed on or before May 8, 2017; Plaintiffs’ Reply in Support of its Motion for Summary Judgment and Opposition to Defendants’ Cross-Motion shall be filed on or before June 14, 2017; Defendants’ Reply in Support of their Cross-Motion for Summary Judgment shall be filed on or before July 14, 2017; Plaintiffs shall file the appendix of excerpts of the administrative record on or before July 28, 2017; and oral argument is scheduled for August 30, 2017, at 10 a.m. in Courtroom 10.

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