Archive for August, 2006

KESSLER: “Stop Lying and Racketeering.” TOBACCO: “Could You be More Specific?”

Friday, August 25th, 2006

Tobacco defendants have filed a tough reply to the DOJ’s objections to their request for an emergency stay. Defendants argue that Judge Kessler’s injunctions for them to a) tell the truth to the public and b) stop racketeering, are much too general; they argue that the non-specificity of these 2 orders makes them impossible […]


Wednesday, August 23rd, 2006

EXCERPT from DOJ’s Filing:
Defendants offer no legal support for their motion, and there is no reason for the Court to permit defendants to continue to engage in unlawful activity during the pendency of their anticipated motion for a stay pending appeal.
As the Court observed during the telephone conference initiated by defendants on August 18, 2006, […]


Monday, August 21st, 2006

On August 18, 2006, the day after Judge Kessler published her Final Order and Opinion, Judge Weinstein ordered all parties to address whether Judge Kessler’s conclusions of law as they affect the Schwab case should be re-litigated, ie,

1. Defendants devised and executed a scheme to defraud consumers and potential consumers of cigarettes.
2. Defendants’ fraud extended […]

JUDGEMENT STAY: Tobacco Companies file for Emergency Stay of Judgement

Monday, August 21st, 2006

The tobacco defendants have filed for an emergency stay of Judge Kessler’s August 17, 2006 judgement “pending resolution of Defendants’ Motion for Stay of Judgment Pending Appeal”
It sounds awkward, but the defendants in their Memorandum stated that they “will file within thirty days of this Court’s judgment or within any other time frame the Court […]

Kessler Issues DOJ Verdict

Thursday, August 17th, 2006

Judge Kessler Final Judgement and Remedial Order, August 17, 2006

DOJ to CREW: You’ve Got E-mails!

Wednesday, August 16th, 2006

On rare occasions, I did provide the White House with a status report on the case, generally through the White House Counsel’s Office. On those rare occasions, no one at the White House suggested any action or directed any action in the case but merely received information on the status of the case. No one […]

Insights into USA v. Philip Morris, et. al. from Sharon Eubanks

Tuesday, August 8th, 2006

As noted in a previous post, Sharon Eubanks made a surprise appearance as a guest on Dick Daynard’s remarkable panel at the World Conference on Tobacco or Health on Thursday, July 13. (She was scheduled, but did not appear on the WCTOH program, so news organizations missed it.) The panel featured legal powerhouses Madelyn Chaber, […]