COURT OF APPEALS GRANTS STAY OF KESSLER JUDGEMENT

November 13, 2006 8:08 pm by Gene Borio

On Oct. 31, 2006, a 3-judge DC Court of Appeals panel granted the Defense’s motion to stay Judge Kessler’s Judgement and Order.

It’s odd, to me, that no news source pointed out that the panel included, once again, Judges Sentelle and Tatel. Judge Sentelle, once again, found for tobacco. Judge Tatel, once again, dissented from the majority.

Text follows of:

DC Court of Appeals Grant Motion to Stay

http://www.tobacco-on-trial.com/files/20061031stayappealgranted.pdf

Below that, the Docket Summary for the case.

**———————————————————

United States Court of Appeals

For THE DISTRICT OF COLUMBIA CIRCUIT

No. 06-5267

September Term, 2005

99cv02496

Filed On: OCTOBER 31, 2006

[1001691]

UNITED STATES COURT OF APPEALS FOR DISTRICT OF COLUMBIA CIRCUIT

United States of America, United States Department of Justice, et al.,

Appellees

V.

Philip Morris USA Inc., et al., f/k/a Philip Morris Incorporated,

Appellees

British American Tobacco (Investments) Ltd., Directly and as Successor to BRITISH-AMERICAN TOBACCO COMPANY, Ltd.,

Appellant

Consolidated with 06-5268, 06-5269, 06-5270, 06-5271, 06-5272

BEFORE; Sentelle, Randolph, and Tatel,* Circuit Judges

ORDER

Upon consideration of the emergency motion to stay the final judgment and remedial order pending appeal, the opposition thereto, and the reply, It is

ORDERED that the motion for stay be granted. Appellants have satisfied the stringent standards required for a stay pending appeal. See Washington Metropolitan Area Transit Commission v Holiday Tours, nc 559 F.2d 841, 843 (D.C. Cir. 1977); D.C Circuit Handbook of Practice and Intern Procedures 33 (2006).

Per Curiam

*Judge Tatel would deny the motion for stay.

**———————————————————

BELOW IS THE DOCKET SUMMARY:

**———————————————————

US Court of Appeals for the DC Circuit

Case Summary

Court of Appeals Docket #: 06-5267

Filed: 9/14/06

Nsuit: 2890 Other Statutory Actions

USA v. Philip Morris USA, et al

Appeal from: United States District Court

Lower court information:

District: 0090-1 : 99cv02496

lead: 99cv02496

Trial Judge: Gladys Kessler, US District Judge

10/12/06 OPPOSITION filed [998354-1] (5 copies) by Appellee USA in 06-5267, 06-5268, 06-5269, 06-5270, 06-5271, 06-5272 (certificate of service dated 10/12/06, by hand-delivery) to a motion for a stay pending appeal [994788-1]. [06-5267, 06-5268, 06-5269, 06-5270, 06-5271, 06-5272] (lvs) [06-5267 06-5268 06-5269 06-5270 06-5271 06-5272]

10/16/06 REPLY filed [1000573-1] (5 copies) by Appellees Philip Morris USA, Altria Grp Inc, R J Reynolds Tobacco, Brown & Williamson, Lorillard Tobacco Co, British Amer Tobacco, British Amer Tobacco, (certificate of service dated 10/16/06, by hand-delivery) to a response to the motion stay case [994788-1]. [06-5267, 06-5268, 06-5269, 06-5270, 06-5271, 06-5272] (lvs) [06-5267 06-5268 06-5269 06-5270 06-5271 06-5272]

10/23/06 CLERK’S ORDER filed [999467], on the court’s own motion, that these cases be consolidated. It is FURTHER ORDERED, on the court’s own motion, that the deadlines established in the order of October 2, 2006 in Nos. 06-5267, et al., are extended to the dates established in the order of October 23, 2006 in No. 06-5332 [999467-1] [999467-2]. [Entry Date: 10/23/06] [06-5267, 06-5268, 06-5269, 06-5270, 06-5271, 06-5272] (lvs) [06-5267 06-5268 06-5269 06-5270 06-5271 06-5272 06-5332]

10/27/06 ENTRY OF APPEARANCE filed by Attorney David Stewart Eggert for Appellant Philip Morris USA, Murray Richard Garnick for Appellant Philip Morris USA [1002259-1] . [06-5267, 06-5268, 06-5269, 06-5270, 06-5271, 06-5272, 06-5332] (smc) [06-5267 06-5268 06-5269 06-5270 06-5271 06-5272 06-5332]

10/31/06 PER CURIAM ORDER filed [1001691] granting emergency motion to stay the final judgment and remedial order pending appeal filed by Philip Morris USA, et al. [994788-1]. Before Judges Sentelle, Randolph, Tatel (Judge Tatel would deny the motion for stay). [Entry Date: 10/31/06] [06-5267, 06-5268, 06-5269, 06-5270, 06-5271, 06-5272, 06-5332] (sha)
[06-5267 06-5268 06-5269 06-5270 06-5271 06-5272 06-5332]

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