Archive for October, 2006

SUPREME COURT WILLIAMS HEARING: A BOG BETTER HANDLED BY A BLOG

Tuesday, October 31st, 2006

Granted, I’m not a lawyer, and frankly I get thoroughly lost in a lot of these legal joustings, but I thought I’d prepped pretty well to hear the arguments this morning. Yet, 45 minutes in, I remember thinking, “Why are we spending all this time on Philip Morris’ proposed jury instruction, long after the Justices […]

DEFENSE ACCEPTS DOJ’s BILL OF COSTS–WITH INTEREST IF AND WHEN APPEALS ARE EXHAUSTED

Monday, October 23rd, 2006

“[T]he parties have agreed (a) that the amount submitted by the Government in its Bill of Costs $1,930,981.97, shall constitute the appropriate taxable costs and (b) that Defendants shall be liable for that amount, plus interest from this date, upon final resolution of all appeals in this matter, if the Government remains the prevailing party.”

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Text […]

KESSLER ORDERS SUBMISSIONS ON CORRECTIVES

Monday, October 23rd, 2006

On Oct. 19, 2006, Judge Kessler ordered both parties to submit memoranda or praecipes on the proposed corrective statements. Both sides’ previous submissions, she writes, “have raised new issues which have not been addressed before.”
The proposals from the DOJ and the Intervenors, in particular, would require vetting of the correctives by public health experts, […]

RICO SHOULD APPLY WORLDWIDE TO ALL AMERICANS LIVING ABROAD, HONG KONG NGO CLAIMS

Thursday, October 19th, 2006

Defendant tobacco companies in countries with American populations may have to abide by Judge Kessler’s Aug. 17, 2006 ruling on descriptors if she gives weight to a unique amicus brief filed by a foreign NGO.
In early October, Annelise Connell of Hong Kong’s “Clear the Air” filed an amicus brief opposing Defendants’ motion to delay or […]

DOJ Files Notice of Appeal

Wednesday, October 18th, 2006

Text follows of:
DOJ Appeal Notice, October 16, 2006
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
and
Civil Action TOBACCO-FREE KIDS ACTION FUND, et al.,
No. 99-CV-02496 (GK)
Plaintiff-Intervenors,
v.
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants.
__________________________________________
NOTICE OF APPEAL
Notice is hereby given this 16th day of October, 2006, that the United States hereby appeals […]

Intervenors File Proposed Corrective Statements

Wednesday, October 18th, 2006

Text for Adverse Health Effects of Exposure To Secondhand Smoke
For decades, we deliberately misled the American Public about the health effects of smoking.
A Federal District Court is requiring us to make this statement.
We denied the harms of secondhand smoke. xxvii Here’s the truth:
Secondhand smoke contains 4,800 chemicalsxxviii…
Including more than 50 cancer-causing substances. xxix
Secondhand smoke kills […]

DOJ Files Proposed Corrective Statements

Wednesday, October 18th, 2006

THE FOLLOWING IS A STATEMENT BY [TOBACCO COMPANY DEFENDANT] :
Despite our prior denials:
C Secondhand smoke causes death and disease in children and in adults.
C In children, secondhand smoke damages the lungs and causes sudden infant death syndrome (SIDS), respiratory and ear infections, and more severe asthma.
C In adults, secondhand smoke causes heart disease and […]

Lorillard Files Proposed Corrective Statements

Wednesday, October 18th, 2006

The following statement is made by Lorillard Tobacco Company pursuant to a Court Order in United States of America, et al. v. Philip Morris USA, Inc., et al., Civil Action No. 99-2496 (GK) (Order #1015, Aug. 17, 2006, at 4; Final Op. at 1636) (on appeal).
The Surgeon General has concluded:
The evidence is sufficient to infer […]

RJR Files Proposed Corrective Statements

Wednesday, October 18th, 2006

Defendants propose the following as a corrective statement on environmental tobacco smoke:
The Surgeon General has concluded:
Exposure to environmental tobacco smoke has been proven to cause premature death and disease in children and in adults who do not smoke. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute […]

BAT FILES PROPOSED CORRECTIVE STATEMENTS

Wednesday, October 18th, 2006

1. There are adverse health effects from cigarette smoking. For a list of health effects from smoking and a discussion of the relevant science, see the 2004 Report of the Surgeon General “The Health Consequences of Smoking.”
2. Cigarette smoking and nicotine are addictive.
3. There is no significant health benefit from smoking “low tar,” “light,” “ultra […]