Archive for September, 2006

BAT, LORILLARD APPEAL TO DCCA

Monday, September 11th, 2006

BAT and Lorillard have filed their appeals with the US Court of Appeals for the District of Columbia Circuit.
NOTE: BATCo is also appealing Judge Kessler’s Order #904, which dealt with Gulson/Foyle issues and fined BATCo $250,000 for “reckless misconduct and bad faith dealings with the Court.” * This was one of the major […]

Schwab Defendants’ Opposition to Collateral Estoppel

Sunday, September 10th, 2006

Text follows of:
Schwab Defendants Opposition to Collateral Estoppel, September 8, 2006
Note: This was a particularly dirty PDF to translate to text, and I’m not positive I’ve caught all the errors; always double-check the original pdf file before citing. — gb
**———————————————————
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK
BARBARA SCHWAB et a!., […]

DOJ’s Oppostition to Defendants Request for Clarification

Sunday, September 10th, 2006

Text follows of:
DOJ Oppostition to Defendants Request for Clarification, September 8, 2006
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
and
TOBACCO-FREE KIDS ACTION FUND, et al.,
Plaintiff-Intervenors,
v.
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants
Civil Action No. 99-CV-02496 (GK)
Next scheduled appearance: None Scheduled
UNITED STATES’ MEMORANDUM IN OPPOSITION TO CERTAIN […]

SCHWAB: Weinstein sets agenda for Sept. 13 hearing; will hear arguments on class certification, statute of limitations and collateral estoppel.

Saturday, September 9th, 2006

Text follows of:
ORDER outlining the proposed agenda for the 9/13/2006, September 5, 2006
**———————————————————
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK
BARBARA SCHWAB et al., individually and on behalf of all others similarly situated,
Plaintiffs,
V.
PHILIP MORRIS USA, INC. et al.,
Defendants.
No. 04-CV-1945 (JBW)
ORDER
JACK B. WEINSTEIN, Senior United States District Judge:
As previously agreed by all parties, argument […]

BRODY EXITS

Friday, September 8th, 2006

Stephen D. Brody has left as counsel of record in the DOJ case, according to a court filing today. He has apparently been replaced by Linda McMahon, according to a separate filing. McMahon is a DOJ Tobacco Litigation Team lawyer who attended the trial regularly, but did not personally examine witnesses.
Text follows of:
DOJ notice of […]

Defendants’ Motion to Stay Judgement–Selected Declarations

Friday, September 8th, 2006

Texts follow of:
DECLARATION OF DAVID R. BERAN, August 31, 2006
DECLARATION OF R MICHAEL LEONARD, August 31, 2006
**———————————————————
DECLARATION OF DAVID R. BERAN, August 31, 2006
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
PHILIP MORRIS USA INC.
f/k/a PHILIP MORRIS INCORPORATED,
et al.,
Defendants.
DECLARATION OF DAVID R. BERAN
I, David R. Beran, declare […]

TOBACCO FILES REQUEST FOR STAY OF JUDGMENT

Friday, September 8th, 2006

On September 1, Defendants filed their motion requesting a stay of Judge Kessler’s Final Judgement and Remedial Order until an appeal can make its way through the courts.
The Defendants request that the “status quo” be maintained for the time being due to the “irreparable injury” that would result from implementation of many of Judge Kessler’s […]

DEFENSE CHALLENGES KESSLER’S ORDERS

Friday, September 1st, 2006

Several tobacco defendants (Philip Morris USA, Altria, RJR, B&W, Lorillard, and BATCo.) filed a motion Thursday that asks Judge Kessler to clarify, change or even stay various Aug. 17 orders.
There are two main issues:
1. The Defendants claim the injunction against racketeering is far too general to be reasonably followed, and thus is not supported by […]