Archive for March, 2011

UNITED STATES’ PRAECIPE REGARDING INDEPENDENT THIRD PARTIES POTENTIALLY AFFECTED BY RETAIL-DISPLAY COMPONENT OF THE COURT’S CORRECTIVE-STATEMENT REMEDY - March 7, 2011

Thursday, March 17th, 2011

The PDF is HERE
EXCERPTS:
the United States respectfully suggests that the Court solicit views from some or all of the following organizations regarding:
(1) The extent to which their members have protectable First Amendment, property, or other interests that might limit the Court’s ordering Defendants to require retail-program participants to display the Court’s corrective statements; and
(2) […]

CIVIL DOCKET FOR CASE #: 1:99-cv-02496-GK March 8-17, 2011

Thursday, March 17th, 2011

03/14/2011 5888 REPLY to opposition to motion re 5854 MOTION for Clarification Regarding Defendants Obligation to Disclose Disaggregated Marketing Data filed by UNITED STATES OF AMERICA. (Crane-Hirsch, Daniel) (Entered: 03/14/2011)
03/16/2011 5889 REPLY re 5883 to Public Health Intervenors’ Response to United States Submission of Proposed Corrective Statements and Expert Report filed by ALTRIA GROUP, INC., BRITISH AMERICAN […]

CIVIL DOCKET FOR CASE #: 1:99-cv-02496-GK March 4-7, 2011

Monday, March 7th, 2011

Date Filed # Docket Text
03/04/2011 5885 Joint STIPULATION concerning the Council for Tobacco Research, Inc. and the Tobacco Institute by ALTRIA GROUP, INC., PHILIP MORRIS USA INC.. (Wilkinson, Beth) (Entered: 03/04/2011)
03/07/2011 5886 NOTICE Praecipe re Independent Third Parties Potentially Affected by Retail-Display Component of the Court’s Corrective-Statement Remedy by UNITED STATES OF AMERICA (Crane-Hirsch, Daniel) (Entered: 03/07/2011)
03/07/2011 5887 NOTICE […]

PUBLIC HEALTH INTERVENORS’ RESPONSE TO UNITED STATES SUBMISSION OF PROPOSED CORRECTIVE STATEMENTS AND EXPERT REPORT - March 3, 2011

Monday, March 7th, 2011

The PDF is HERE
EXCERPT
The Public Health Intervenors — Tobacco-Free Kids Action Fund, American Cancer Society, American Heart Association, American Lung Association, Americans for Nonsmokers’ Rights, and National African American Tobacco Prevention Network — support the proposed corrective statements submitted by the United States, with the exception of one proposed corrective statement. DN 5875.1 The […]

PUBLIC HEALTH INTERVENORS’ RESPONSE IN SUPPORT OF THE UNITED STATES’ MOTION FOR CLARIFICATION REGARDING DISAGGREGATED MARKETING DATA - March 3, 2011

Monday, March 7th, 2011

The PDF is HERE
EXCERPT:
The Public Health Intervenors support the government’s request to clarify that the Court’s Final Judgment and Remedial Order (Order # 1015) authorizes the Department of Justice to obtain any marketing data reports in Defendants’ possession, and to share marketing data and reports with other agencies within the federal government, subject […]

Tobacco Stipulates it Has not Duplicated the Functions of CTR or TI.

Monday, March 7th, 2011

The PDF of the 3/4/11 “Joint STIPULATION concerning the Council for Tobacco Research, Inc. and the Tobacco Institute” is HERE
EXCERPT:
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, that the following statement shall be entered into the record relating to that portion the Court’s Order #1015 permanently enjoining […]

DEFENDANTS’ RESPONSE TO MOTION FOR CLARIFICATION REGARDING DEFENDANTS’ OBLIGATION TO DISCLOSE DISAGGREGATED MARKETING DATA

Friday, March 4th, 2011

The PDF is HERE
EXCERPT:
Under the guise of seeking “clarification,” the Department of Justice (”DOJ”) asks this Court to amend Order #1015 (”Order”) in material respects that go far beyond mere clarification.
Most significantly, it seeks to expand dramatically the amount of marketing data that Defendants are required to provide to DOJ. The Order requires each […]

DEFENDANTS’ RESPONSE TO THE GOVERNMENT’S PROPOSED CORRECTIVE STATEMENTS

Friday, March 4th, 2011

The PDF is HERE
EXCERPT:
Defendants have no objection to providing consumers with factual and noncontroversial information about the health effects and addictiveness of smoking. Defendants have several objections, however, to the inflammatory and inaccurate corrective statements proposed by the Government.
First, as detailed in their Motion for Vacatur also filed today, the Family Smoking Prevention and […]

Civil Docket: March 3, 20011

Friday, March 4th, 2011

EXCERPT:
03/03/2011 5880 MOTION to Vacate by ALTRIA GROUP, INC., BRITISH AMERICAN TOBACCO., P.L.C., BROWN & WILLIAMSON TOBACCO CORPORATION, LORILLARD TOBACCO COMPANY, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY (Attachments: # 1 Text of Proposed Order)
03/03/2011 5881 RESPONSE to the Government’s Proposed Corrective Statements filed by ALTRIA GROUP, INC., BRITISH AMERICAN TOBACCO., P.L.C., BROWN & WILLIAMSON TOBACCO […]

Tobacco Moves to Vacate DOJ Ruling –Claims FDA Act Obviates Need & Preempts Remedies

Friday, March 4th, 2011

The PDF of DEFENDANTS’ MOTION FOR VACATUR is HERE.
EXCERPT:
When issuing its injunctions in this case, this Court questioned “whether this litigation was the best vehicle for attempting to hold Defendants accountable” and to “address [the] broadscale economic and social problems” at issue. It “might be far better and more appropriat[e],” the Court recognized, for “the […]