Archive for June, 2015

6157: SUPPLEMENTAL DISCLOSURE OF DEFENDANT LORILLARD TOBACCO COMPANY’S CORPORATE AFFILIATIONS AND FINANCIAL INTERESTS

Tuesday, June 30th, 2015

The PDF is Here
EXCERPT:
We, the undersigned counsel of record for Defendant R.J. Reynolds Tobacco Company . . . certify that, to the best of our knowledge and belief, LTC has ceased to exist as a separate entity. For that reason, LTC has no companies, subsidiaries, or affiliates that have any outstanding securities in the […]

Judge Kessler’s Status Hearing: What a Difference a Month Makes…

Tuesday, June 30th, 2015

June 30, 2015. At the 20-minute hearing this morning, Judge Kessler wanted 2 issues addressed in light of the May 22, 2015 Court of Appeals ruling which struck down the self-vilifying language in the preambles of the corrective statements (The PDF is Here):
1. The new language; and
2. The formatting/placement, display, fonts, etc. (If […]

USA, DOJ, APPELLEES v. PHILIP MORRIS USA INC., ET AL., APPELLANTS (PDF) 5/22/15

Tuesday, June 30th, 2015

The PDF is Here
EXCERPT:
The preamble might provide an effective—perhaps even the very best—means of curing consumer misconception and preventing consumer deception going forward. Were this an enforcement proceeding brought by the Federal Trade Commission, an action that permits remedies intended to “dissipate future effects of a company’s past wrongful conduct,” the preamble might well […]

6153: ORDER #57-Remand: the Parties shall appear at a Status Conference on June 30, 2015, at 10:45 a.m

Sunday, June 21st, 2015

The PDF is Here
EXCERPT:
More than 8 years ago, this Court enjoined the Defendants from presenting any false or misleading information about cigarettes and smoking to the public, and ordered them to make corrective disclosures on five topics about which the Court found they had made fraudulent public claims. While the Court of Appeals upheld […]

DOCKET for USA v. PHILIP MORRIS USA, et al June, 2015

Sunday, June 21st, 2015

06/01/2015 6149 RESPONSE TO ORDER OF THE COURT re 6146 Order, filed by ALTRIA GROUP, INC., PHILIP MORRIS USA INC.. (Estrada, Miguel) (Entered: 06/01/2015)
06/04/2015 6150 RESPONSE TO ORDER OF THE COURT re 6146 Order, filed by UNITED STATES OF AMERICA, PUBLIC HEALTH INTERVENORS, LORILLARD TOBACCO COMPANY, ITG BRANDS, LLC, COMMONWEALTH BRANDS, INC., COMMONWEALTH-ALTADIS, INC., and filed by […]

DOCKET for USA v. PHILIP MORRIS USA, et al May, 2015

Monday, June 8th, 2015

Date Filed # Docket Text
05/12/2015 MINUTE ORDER: A Motions Hearing is hereby set in this case for May 19, 2015, at 10:30 a.m. Signed by Judge Gladys Kessler on 5/12/15. (CL, ) (Entered: 05/12/2015)
05/12/2015 Set/Reset Hearings: Motion Hearing set for 5/19/2015 10:30 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 05/12/2015)
05/14/2015 6144 NOTICE of Appearance […]

6151: Exhibit A: ONSERT SPECIFICATIONS: RJR Brands & Lorillard Maverick Brand

Monday, June 8th, 2015

The PDF is Here

6152: Post -Judgment Parties: Regarding Remedies. MEMORANDUM OPINION 6/8/15

Monday, June 8th, 2015

The PDF is Here
EXCERPT:
Based upon the clear and comprehensive assurances by all counsel, as well as the Court’s own detailed scrutiny of the Parties’ submissions, the Court concludes that Order # 1015 will continue to apply as originally intended and the public interest will not be harmed by granting the Unopposed Motion. Therefore, for […]

6151: ORDER #56 Remand 6/8/15

Monday, June 8th, 2015

The PDF is Here
EXCERPT:
4. ITG Brands submits to the jurisdiction of this Court concurrently with its acquisition by sale or transfer of the Acquired Brands, brand names, cigarette product formulas, or cigarette businesses.

a. In the “Phase 1 website preamble,” as defined in Order-#51 Remand (at 11), such Website Corrective Statements shall contain the following preamble language:
A […]

6150: JOINT RESPONSE TO ORDER #54-REMAND 6/4/15

Thursday, June 4th, 2015

The PDF is Here
EXCERPT:
the answer is No: The FTC action does not in any way affect the information and assurances given to the Court at the May 19 hearing. In fact, the information and assurances provided to the Court, both with the April 30 filings and during the May 19 hearing, were in anticipation […]