Archive for February, 2005

Kessler Orders Delay; Warns DOJ to Adhere to Appeals Court Ruling

Monday, February 28th, 2005

PDF File of Order 886
Judge Kessler’s Order #886, granting the DOJ’s request to present its evidence on non-disgorgement remedies after the Defense presents its liability evidence, contains some remarkable passages, at once seeming to side with Appeals Court Judge Tatel’s dissent, and yet admonishing DOJ for not adhering to Judge Sentelle’s majority ruling. To wit:
Indeed, […]

UPDATE: Defense Begins Monday, March 7, NOT this Wednesday

Monday, February 28th, 2005

UPDATE: See Brian Blackstone’s latest Dow Jones article on this afternoon’s change of schedule.
Please disregard the previous posting, as listed below:
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The following message was received from the DOJ’s press office this morning:
The following message was forwarded to counsel from Judge Gladys Kessler’s clerk on Sunday, February 27, 2005:
“Defendants shall be prepared to proceed […]

UNITED STATES’ REPLY MEMORANDUM REGARDING NON-DISGORGEMENT EQUITABLE REMEDIES PURSUANT TO ORDER #875

Saturday, February 26th, 2005

EXCERPT:
[T]he equitable remedies the United States described in its opening memorandum (U.S. Mem. at 8-12) – including the smoking cessation program, the public education program, the comprehensive youth smoking prevention campaign, and medical monitoring3 and research – differ substantially from disgorgement as viewed by the Court of Appeals. None of them is “a quintessentially […]

Up Next: Recess! Kids Can Play While Teacher Grades Papers

Friday, February 25th, 2005

Judge Kessler has declared a two-day recess Monday, Feb. 28 and Tuesday, March 1, to allow her to consider the parties’ briefs on “the scope and meaning of the Court of Appeals’ decision regarding non-disgorgement remedies in civil RICO cases and the Government’s current request for postponement of its evidence on remedies.”
Court will resume Wednesday, […]

an amazing twist

Thursday, February 24th, 2005

twisting coverup into reasonableness

THU AM: DOJ Lawyers Sum up Addiction, Teen Marketing Issues; Webb Counters Addiction Charges.

Thursday, February 24th, 2005

Attorney Frank Marine began the DOJ’s Interim Summation this morning, concentrating on addiction issues. Renee Brooker, in a presentation that ran too long and had to be suddenly truncated, concentrated on youth marketing issues.
Mr. Marine first gave a broad definition of fraud, claiming that even if a statement may be literally true, it can be […]

THU: SNOWSTORM! Courthouse Still Open as of 8:30 AM

Thursday, February 24th, 2005

Federal offices remain open in DC; they will assess the situation as the storm progresses. 4-8″ are predicted.
Snow is currently falling moderately. There is a slight dusting on the grounds outside the courthouse.
DOJ lawyers are here.
2/24/05

DEFENSE FILES WITNESS LIST–Update with Links

Wednesday, February 23rd, 2005

PDF FILE: Defense Witness List
The tobacco defendants posted their witness list Wednesday evening, along with the order in which they expect to call them. The Joint Defense maintained its right to change the order should Judge Kessler grant the DOJ’s request to change its witness list (pending a decision on its request concerning allowed remedies).
Alan […]

UP NEXT: Ockene, Healton

Wednesday, February 23rd, 2005

Testimony of Ira Ockene, M.D.
From the DOJ’s Witness List:
Ockene, Ira M.D.
US Expert Witness
Dr. Ockene is a preventive cardiologist at the University of Massachusetts Medical School. He is certified in Internal Medicine and Cardiovascular Disease. Before coming to the University of Massachusetts, Dr. Ockene held the following positions:
–1970-1972 Chief of Cardiology U.S. Army Hospital, […]

DEFENDANTS’ MEMORANDUM REGARDING NON-DISGORGEMENT REMEDIES PURSUANT TO ORDER # 875

Wednesday, February 23rd, 2005

PDF FILE: 050222tiDisgorgeMemo.pdf
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants.
Civil Action No. v. : 99-2496 (GK)
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DEFENDANTS’ MEMORANDUM REGARDING NON-DISGORGEMENT REMEDIES PURSUANT TO ORDER # 875
INTRODUCTION
The central holding of the Court of Appeals’ decision in United States […]