Archive for September, 2006

KESSLER REFUSES DEFENSE MOTION TO STAY

Friday, September 29th, 2006

EXCERPTS:

The purpose of the Remedial Order is to prevent and restrain future violations of RICO.2 Every provision of the Order is designed to prevent and restrain Defendants from repeating their past violations of the statute, which ranged from misleading the public about the reduced health risks from so-called “low-tar” cigarettes to document destruction to […]

Weinstein on Schwab - UPDATED with full text of Intro

Monday, September 25th, 2006

Judge Weinstein’s Introduction to his Memorandum and Order is well worth reading for:
1. A brief and helpful accounting of the issues involved.
2. Some indication of the box-bursting, near-grandiosity of Judge Weinstein’s erudition and thinking.
Beyond the case, Judge Weinstein considers the very purpose of the Federal Court and jury systems, this suit’s chances in the […]

SCHWAB CLASS CERTIFIED–UPDATE

Monday, September 25th, 2006

Jury Selection begins Jan 22, 2007
Parties hearings Oct. 30 and Nov. 29, 2006
May extend class to encompass smokers of ALL low-tar brands rather than “lights” alone.
Collateral Estoppel will not apply.
540-page decision, 998-page appendix of relevant parts of Kessler decision and her appendixes.
Docket #1006 reads:

MEMORANDUM AND ORDER: certification of class granted; summary judgment denied; orders for […]

WEINSTEIN TO PLAINTIFFS: DROP ESTOPPEL ARGUMENTS

Saturday, September 23rd, 2006

Judge Weinstein has reached a decision in the Schwab case.
According to a Reuters report, he sent a note Friday to the parties that he would rule Monday morning by 10 AM.
He issued a seemingly related order in a very odd way: scrawled atop Plaintiffs’ September 19 letter on collateral estoppel. The handwritten note reads, […]

KESSLER AMENDS ORDER, AFFIRMS DOCUMENT WEBSITES STAY TILL 2021.

Friday, September 22nd, 2006

DOJ discovered almost 2 months ago that there was a discrepancy between Judge Kessler’s Order #1015 (Final Judgement and Remedial Order) and her much lengthier Final Opinion. Judge Kessler had ruled that Defendants had to maintain their online document websites for fifteen years. However, her Order #1015 specified the date as 2016, ie, only […]

SCHWAB: CLASS WARFARE

Wednesday, September 20th, 2006

Some aspects of the Schwab parties’ September 12, 2006 presentations have been filed with the court. The Defense has posted Murray Garnick’s exhibits, and the Hausfeld team has posted its slides.
Garnick Exhibits, September 13, 2006
Plaintiff Slide Presentation, September 13, 2006
CERTIFICATION TRUMPS ESTOPPEL?
The war between the parties now consists of whether Collateral Estoppel […]

ALAS, YE SCHWABBIES (UPDATE)

Friday, September 15th, 2006

No recording devices are allowed, and the courtroom acoustics were terrible, so please accept that all quotes are inherently not verbatim. But pretty close.
**———————————————————
This is one spectacular, brand-new (2002), 14-story federal courthouse, filled with large airy spaces, rich marbleoid floors that made even mens’ shoes ring out like high heels, and gleaming marble walls. […]

HAUSFELD PITCHES LIGHTS DECEPTION TO WEINSTEIN (updated 5:35 pm)

Wednesday, September 13th, 2006

Here in Brooklyn, at the United States District Court for the Eastern District of New York, attorney Michael Hausfeld is fighting for the very life of his Schwab case.
The main part of the morning was taken up with Hausfeld’s attempt to prove to Judge Weinstein that the Schwab class should be certified. The class of […]

DOJ Files Opposition to Stay

Wednesday, September 13th, 2006

“A stay pending appeal is an extraordinary remedy with a demanding burden placed upon the moving party. Defendants cannot meet that burden here, because none of the four factors that a court examines when considering a motion for a stay pending appeal favors any abeyance of this Court’s injunctive decree: first, issuance of a stay […]

Other Defendants Appealing: RJR, B&W, ALTRIA, PHILIP MORRIS USA

Monday, September 11th, 2006

Here are the most recent docket entries as of 7:20 PM September 11, 2006:
09/11/2006 5754 NOTICE OF APPEAL as to 5733 Order by R.J. REYNOLDS TOBACCO COMPANY. Filing fee $ 455, receipt number 1001695. Fee Status: Fee Paid. Parties have been notified. (Ryerson, Paul) (Entered: 09/11/2006)
09/11/2006 5755 NOTICE OF APPEAL as to 5733 Order by BROWN & WILLIAMSON TOBACCO […]