Archive for July, 2005

KESSLER Allows Health Groups to Intervene on Remedies

Saturday, July 23rd, 2005

Quotes from Judge Kessler’s memorandum accompanying Order #987:
The declarations of Cynthia Howlett, Sherri Watson Hyde, and William Corr spell out the specific threat to the health and safety of themselves and their children which they allege to be caused by the Joint Defendants’ false and misleading statements and deceptive marketing practices relating to smoking […]

Joint Defendants Memorandum Supporting Their Motion To Strike Certain Remedies

Thursday, July 21st, 2005

Full text of: Joint Defendants Memorandum Supporting Their Motion To Strike Certain Remedies (PDF, July 20, 2005)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
PHILIP MORRIS INCORPORATED, et al.,
Defendants.
Civil Action No. 99-CV-2496 (GK)
Next Scheduled Court Appearance: None
JOINT DEFENDANTS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THEIR MOTION FOR JUDGMENT ON […]

Roberts on Disgorgement en banc Petition: “I Recuse”

Wednesday, July 20th, 2005

Updated with Comments of Richard Daynard
President Bush’s Supreme Court nominee, Judge John G. Roberts of the Court of Appeals for the DC Circuit, did not take part in April’s decision which denied the DOJ’s petition for an en banc hearing of the disgorgement issue. The DOJ had asked that the full Court rehear the […]

DOJ Files Tough SCOTUS Petition

Tuesday, July 19th, 2005

The DOJ on Monday filed its petition for a writ of certiorari to the Supreme Court. This is basically a request for the Court to review the DC Court of Appeals’ Feb. 4, 2005 ruling which held that disgorgement of past profits is not allowed under civil RICO.
At least 3 members of the Court must […]

Pictures from a Deposition

Saturday, July 16th, 2005

Graduation Day! A lone paparazzo for the Class of ‘05 Yearbook captures reporters and lawyers as they mingle outside the schoolhouse–er, courthouse– on a warm June DOJ Day Afternoon.
flickr.com/photos/geneb5/…

Intervenors: Health Groups File Motion to Intervene

Monday, July 11th, 2005

Claiming that “the organizations’ interests are no longer being adequately represented” by the DOJ, Tobacco-free Kids Action Fund, American Cancer Society, American Heart Association, Americans for Nonsmokers’ Rights, and National African American Tobacco Prevention Network have filed a motion with the court seeking “only the opportunity to submit a brief and reply brief concerning the […]