BRITISH AMERICAN TOBACCO (INVESTMENTS) LIMITED’S COMBINED MOTION FOR RECONSIDERATION AND OPPOSITION TO GOVERNMENT’S MOTION TO COMPEL COMPLIANCE Jan. 21, 2011
Tuesday, January 25th, 2011THE PDF IS HERE
EXCERPT:
ARGUMENT………8
I. RECONSIDERATION IS WARRANTED BECAUSE MORRISON HAS INVALIDATED THE LEGAL BASIS FOR THE LIABILITY JUDGMENT AND INJUNCTION ENTERED AGAINST BATCO………9
A. Morrison Rejected The “Effects” Test As A Judicially Imposed Measure Of Congress’s Intent To Regulate Extraterritorially, Thus Undermining The Previous Rulings In This Case That RICO Reaches BATCo’s Foreign Conduct………10
B. Morrison Must […]