Archive for March, 2005

BATAS to Appeal Order Opening Gulson Exhibits, Testimony

Thursday, March 31st, 2005

Mar 31, 2005, 10:20 PM
BAT Australia filed this yesterday:

NOTICE OF APPEAL
British American Tobacco Australia Services Limited, an intervenor in this action pursuant to Order #449, hereby gives notice in Civil Action No. 99-CV-2496 that it appeals to the United States Court of Appeals for the District of Columbia Circuit from the United States […]

Thu, Day 85: Defense Asks to Subpoena CTFK, Matt Myers for Files

Thursday, March 31st, 2005

Mar 31, 2005, 6:24 PM
B&W attorney David Bernick informed Judge Kessler late this afternoon that the Defense would be asking her to approve 2 document discovery subpoenas that it wants to serve directly on Matt Myers and the Campaign for Tobacco-Free Kids.
The Defense apparently sent the proposed subpoenas to the DOJ last night.
Mr. Bernick […]

Wed, Day 84: Sex and the Courtroom

Wednesday, March 30th, 2005

Mar 30, 2005, 6:34 PM
R.J. Reynolds Tobacco Company President Lynn Beasley was questioned today on Camel and Kool advertisements in the latest issues of “Stuff” and “Smooth” magazines.
DOJ Attorney Kenneth Sealls said he specifically would not be showing the exhibits on the Elmo screen, as they showed some degree of “undress,” but did pass […]

TUE, Day 83: Judge Kessler Forgets . . .

Wednesday, March 30th, 2005

Mar 29, 2005. Updated Mar 30, 2005, 10:18 AM
We all have our gaps, blips, random sins of omission and commission–I certainly do, and in this blog am as capable of saying, “Defense attorney John Pierpont Morgan said….” as the next guy–well, maybe more so–but today, Judge Kessler seemed to have an unusual share of mental […]

NEXT UP: Lindsley, Beasley

Wednesday, March 30th, 2005

Court begins at 1:30PM tomorrow, Wednesday, due to Judge Kessler’s Guantanamo Bay prisoner hearings in the morning.
Lorillard VP of Marketing Victor Lindsley will finish his testimony in short order. Then Lynn Beasley, President and COO of R.J. Reynolds Tobacco Company, will begin hers.

Tue: Day 83: Albino on XA

Tuesday, March 29th, 2005

Mar 29, 2005, 5:54 PM Washington, DC.
Dr. Anthony Albino, a former Sloan Kettering cancer researcher who is now Vector Tobacco’s Senior Vice President of Public Health Affairs, testified today, primarily on the morphing of Liggett’s old XA/Palladium project into today’s Omni cigarette.
By the time DOJ attorney Carolyn Clark finished her cross-examination, it seemed Vector had […]

BATCo Fined and Sanctioned over Foyle Witness Fiasco

Monday, March 28th, 2005

EXCERPTS from Judge Kessler’s Order 904 Memorandum Opinion:
During the hearing on the Gulson testimony, the Court received evidence from which it found by clear and convincing evidence that:
BATCo violated the plain command of Order #341, as it later acknowledged in oral argument relating to these Objections – by failing to prepare its witness to […]

DEFENDANTS’ SECOND AMENDED ANTICIPATED ORDER OF WITNESSES FOR TRIAL

Monday, March 28th, 2005

PDF file of DEFENDANTS’ SECOND AMENDED ANTICIPATED ORDER OF WITNESSES FOR TRIAL
Full text 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)
Next Scheduled Court Appearance: Trial (Ongoing)
**———————————————————
DEFENDANTS’ SECOND AMENDED ANTICIPATED ORDER OF […]

Written Direct Testimonies: Lindsley, Beasley

Sunday, March 27th, 2005

www.altria.com/media/03_0…
Mar 21, 2005
Written Direct Testimony of:
- Victor Lindsley (pdf 2.65MB)
- Lynn J. Beasley (pdf 3.14MB)

Easter Charade

Friday, March 25th, 2005

When a lawyer wished Judge Kessler “Happy Easter” as she wearily trudged down from the bench at 5:30 PM, after a long and nearly fruitless discussion that addressed, incompletely, only 1 of the 3 new remedies witnesses, I thought, “Yes, Judge Kessler, Happy Easter — and good luck resurrecting any semblance of this trial’s once-timely […]