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EXCERPT:
The undersigned Defendants hereby give notice that the Minnesota Depository will be moving to accommodate expansion and provide improved office space. The current address of the Depository is 1021 10th Avenue, S.E., Hennepin Business Center, Minneapolis, MN 55414. The Depository will be moving to the Westgate Business Center II, 1045 Westgate […]
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EXCERPT:
SUMMARY OF ARGUMENT
Defendants’ latest efforts to avoid the findings and remedies in this case must fail.
1. The Tobacco Control Act does not render this lawsuit moot.
Defendants present no facts demonstrating that they have ceased their unlawful practices, which continue. To the contrary, the new statute expressly provides that it does not […]
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EXCERPT:
SUMMARY OF ARGUMENT
The district court found that defendants violated RICO by conducting an enterprise, through a pattern of racketeering activity consisting of violations of federal mail and wire fraud statutes, as part of a scheme to defraud American consumers about the health effects and addictiveness of cigarettes. The court further found […]
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EXCERPT:
SUMMARY OF ARGUMENT
The FDA Act extinguished the district court’s jurisdiction to issue, and continue to enforce, forward-looking injunctive relief against Defendants—which is the only relief that the Government can even potentially recover under Section 1964(a) of RICO. Accordingly, this Court should reverse the district court’s order and remand with instructions to […]
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EXCERPT:
NOTICE OF APPEAL
All defendants (the United States Food and Drug Administration, Margaret Hamburg, and Kathleen Sebelius) appeal from the Court’s summary judgment order and accompanying memorandum of February 29, 2012, docket numbers 58 and 59. Appeal from this judgment includes any and all orders antecedent and ancillary thereto, including any and […]
Date Filed # Docket Text
03/05/2012 60 NOTICE OF APPEAL as to 59 Order on Motion for Summary Judgment,,,,,,, 58 Memorandum & Opinion by MARGARET A. HAMBURG, UNITED STATES FOOD AND DRUG ADMINISTRATION, KATHLEEN G. SEBELIUS. Fee Status: No Fee Paid. Parties have been notified. (Cutini, Drake) (Entered: 03/05/2012)
03/06/2012 61 Transmission of the Notice of Appeal, Order Appealed, and […]