Archive for February, 2005

Next Up: Nobody! 2-Hour Interim Summations Thursday

Wednesday, February 23rd, 2005

Thursday’s court session will see each side’s 2-hour Interim Summations. Both DOJ and Defense asked for an expanded 2 hours. Judge Kessler reluctantly granted their wish.
The schedule will be a little odd, because of an extended lunch period due to a relatively important Judges’ lunch on the new criminal guidelines. Court will break at 11:25, […]

TUE AM: Dr. Whidby on PM’s Harm Reduction Filter Technologies

Tuesday, February 22nd, 2005

Long-term Philip Morris R&D scientist Jerry Frank Whidby testified today about attempts at Philip Morris to reduce the harms of cigarettes. In his Written Direct Testimony, Dr. Whidby states,
My co-workers and I were working to make cigarettes less hazardous. While I cannot speak to the beliefs of all the workers in the Research & Development […]

Feb. 4, 2005 DCCA decision on Disgorgement

Tuesday, February 22nd, 2005

pacer.cadc.uscourts.gov/d…
TEXT:
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 17, 2004
Decided February 4, 2005
No. 04-5252
UNITED STATES OF AMERICA, APPELLEE
v.
PHILIP MORRIS USA INC., ET AL., f/k/a PHILIP MORRIS INCORPORATED,
APPELLANTS
PHARMACIA CORPORATION AND PFIZER INC.,
APPELLEES
Appeal from the United States District Court for the District of Columbia
(No. 99cv02496)
Michael A. Carvin argued the cause for appellants. With […]

Gulson Epilogue: Kessler’s Day Not Done Yet

Thursday, February 17th, 2005

It had been a long, grueling day–and I wasn’t even in the courtroom! As I trudged to the Metro station, who should be walking _back_ towards the courthouse, a warm beverage from Firehook (DC’s Starbucks) in her hand, but Judge Kessler.
To this blogger’s question, she graciously indicated that no, her day was not over […]

THU: SEALED GULSON TESTIMONY BEGINS–UPDATE 5

Thursday, February 17th, 2005

UPDATE 5: 5:20 PM: Court finished quite late this afternoon. No further information could be obtained, although it may be assumed Mr. Gulson has finished testifying. He appeared in good spirits.
UPDATE 4: 3:40 PM: Court has taken a very late break this afternoon. It appears Mr. Wallace’s cross was lengthier than anticipated. Since Mr. Gulson […]

Order 878 Sealing Gulson Testimony

Thursday, February 17th, 2005

PDF FIle of Order 878
Text version follows:
**———————————————————
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)
ORDER #878
Before the Court is a pleading by BATCo pursuant to Orders #471, 471A and 471B, raising five evidentiary […]

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

Thursday, February 17th, 2005

PDF-File: http://www.tobacco-on-trial.com/files/040216_GK_Order_878_Seal.pdf
Text version follows:
**———————————————————
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants.
Civil Action No. 99-CV-02496 (GK)
Next scheduled appearance:Trial (ongoing)
__________________________________________)
UNITED STATES’ MEMORANDUM REGARDING NON-DISGORGEMENT EQUITABLE REMEDIES PURSUANT TO ORDER #875
In Order #875, the Court asked that the United […]

DOJ to Appeal Disgorgement Ruling / Kessler To Lock Courtroom For Gulson

Wednesday, February 16th, 2005

DOJ attorney Sharon Eubanks apprised Judge Kessler at the end of court Tuesday that the DOJ plans to file a petition asking for a rehearing en banc of the disgorgement issue on which a DC Court of Appeals panel ruled Feb. 4. That panel disallowed disgorgement as a remedial option should the defendants […]

Frederick Gulson

Wednesday, February 16th, 2005

“For an attorney out of that framework, that very tight organization, to come forward is a tremendous statement of personal integrity” — Jeffrey Wigand on Frederick Gulson

JUDGE SEALS GULSON WRITTEN TESTIMONY–UPDATE

Wednesday, February 16th, 2005

Judge Gladys Kessler Monday ordered the written direct testimony of Frederick Gulson sealed, and the online PDF file removed from the government’s website.
Defendant BATCo had objected to the testimony’s use of quotations from the “Foyle Memorandum.” Those quotes were taken from Australia’s Eames/McCabe decision of March, 2003.
DOJ sources are unsure how this might affect Mr. […]