Archive for August, 2005

Intervenors: University Asks to Intervene on Secret Documents

Sunday, August 28th, 2005

The University of California has asked Judge Kessler to be allowed to file a brief on issues surrounding public access to tobacco industry documents, since “public disclosure of documents” is one of the remedies requested by the DOJ (Section V. F. of DOJ’s Final Proposed Findings of Fact).
The 8/24/05 motion by the Regents of the […]

Text Downloads Of DOJ’S Post-trial Brief Available

Thursday, August 25th, 2005

8/24/05 DOJ Post-Trial Brief (text)
8/24/05 DOJ Post-Trial Brief (doc)
The DOJ has posted another remarkable document: a strongly worded and strongly reasoned presentation of its argument and evidence. It is a neat reprise of the trial, as well as some behind-the-scenes battles. The Government seems to have employed their sharpest legal and linguistic minds […]

DOJ Files 272-page Post-trial Brief

Thursday, August 25th, 2005

Excerpt From: 8/24/05 DOJ’s Post-Trial Brief:
CONCLUSION
The evidentiary record established during this lengthy trial unequivocally demonstrates the liability of all Defendants under RICO. Defendants’ unlawful conduct has transpired over a period of more than fifty years so far. The United States has established that the conduct that demonstrates liability will continue, with […]

Kessler Bars Intervenors Access to Protected Documents; Lack of Centralized Exhibit List Cited; Action May Delay Filing

Saturday, August 20th, 2005

Several snarky issues have arisen concerning the exhibits and testimonies which were relied upon by the parties in their Final Proposed Findings of Fact filed last Monday, 8/15.
The issues arose because of the new 3rd party to the suit, the Health Groups which on July 22 were granted intervenor status. Defense subsequently sought to exclude […]

DOJ Files Complete Final Proposed Findings of Fact

Saturday, August 20th, 2005

DOJ has filed all 2,454 pages of its Final Proposed Findings of Fact, including its 8/16/05 errata, at its webpage, www.usdoj.gov/civil/cases…. Go to the bottom of the page.
The Executive Summary, previously posted here, is also available.
(NB: “Section 508″ refers to Federal disabled access requirements.)

DOJ Files Final Proposed Findings of Fact

Tuesday, August 16th, 2005

Text of 8/15/05 DOJ Final Proposed Findings of Fact (Executive Summary):
**———————————————————
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
and
TOBACCO-FREE KIDS ACTION FUND, Civil Action AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, and NATIONAL AFRICAN AMERICAN TOBACCO […]