Archive for November, 2015

6178: REPLY BRIEF OF DEFENDANTS AND POST-JUDGMENT PARTIES REGARDING REMEDIES ADDRESSING REVISED LANGUAGE AND IMPLEMENTATION OF THE CORRECTIVE STATEMENTS, Nov. 25, 2015

Wednesday, November 25th, 2015

The PDF is Here
EXCERPT:
Neither the Government nor Intervenors are able to mount a legally coherent, factually grounded defense of the Government’s proposed preambles and unilateral modifications to the parties’ implementation Consent Order. Their arguments regarding the Government’s backward- looking, conduct-focused preambles fail at the outset because they rest on the premise that the D.C. […]

6176: PUBLIC HEALTH INTERVENORS’ OPPOSITION TO DEFENDANTS’ REVISED CORRECTIVE STATEMENTS PROPOSALS AND REPLY IN SUPPORT OF THE UNITED STATES’ PROPOSALS Nov. 18, 2015

Wednesday, November 18th, 2015

The PDF is Here
EXCERPT:
Once again seeking to re-litigate long-resolved issues, mischaracterizing the Court of Appeal’s rulings, and otherwise striving to further delay and complicate the relatively straightforward and narrow issue remaining before the Court, the Defendants have filed a forty page brief asserting that this Court must wholly re-write the preambles that begin each […]

6177: UNITED STATES’ REPLY BRIEF IN SUPPORT OF UNITED STATES PROPOSED CORRECTIVE STATEMENTS; OPPOSITION TO TOBACCO COMPANIES’ PROPOSALS, Nov. 18, 2015

Wednesday, November 18th, 2015

The PDF is Here
EXCERPT:
But rather than focus on the replacement language that is needed, the tobacco companies urge the Court to begin anew. Not content with seeking new introductions and new conclusions, the tobacco companies ask this Court to rewrite specific bullet points that the Court of Appeals reviewed and left undisturbed. The Court […]

DOCKET for USA v. PHILIP MORRIS USA, et al Nov. 18, 2015

Wednesday, November 18th, 2015

11/18/2015 6176 RESPONSE re 6175 Notice (Other),,, Public Health Intervenors’ Opposition To Defendants’ Revised Corrective Statements Proposals And Reply In Support Of The United States’ Proposals filed by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND. (Attachments: # 1 Attachment 1)(Crystal, […]

6176-1: UNITED STATES’ REPLY BRIEF IN SUPPORT OF UNITED STATES PROPOSED CORRECTIVE STATEMENTS: ATTACHMENT 1

Wednesday, November 18th, 2015

EXCERPT:
Subject: RE: Manufacturers’ TV Spots
Hi Howard—yes, we submitted the TV spots directly to Judge Kessler’s chambers. With
respect to the other mock-ups, we believe it would be premature to exchange them at this
juncture given that they have not been filed with the court, but we would be happy to provide
the plaintiffs/intervenors with copies if/when Judge […]

DOCKET for USA v. PHILIP MORRIS USA, et al Nov. 6-11, 2015

Thursday, November 12th, 2015

11/06/2015 6174 TRANSCRIPT OF STATUS HEARING PROCEEDINGS before Judge Gladys Kessler held on June 30, 2015; Page Numbers: 1-18. Date of Issuance: November 6, 2015. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form.
For the first 90 days after this filing date, the transcript may be viewed […]

6175-7: EXHIBIT 7: DECLARATION OF SMITH W. WELBORN, JR. (R.J. Reynolds Tobacco Company)

Wednesday, November 11th, 2015

The PDF is Here
EXCERPT:
17. All of these factors contribute to my conclusion that, were the Court to start the implementation clock simultaneously with issuing an order setting forth the text of the corrective statements, without honoring the agreement reflected in the Consent Order to hold off on implementation until the conclusion of […]

6175-6: Exhibit 6: DECLARATION OF MARK F. RUTLEDGE (R. J. Reynolds Tobacco Company)

Wednesday, November 11th, 2015

The PDF is Here
EXCERPT:
It is my understanding that Reynolds agreed to the deadlines regarding implementation of the corrective statements in the June 2, 2014 Consent Order in reliance upon the parties’ agreement that implementation would be held in abeyance during the pendency of available appeals. One significant consideration in that […]

6175-5: EXHIBIT 5: DECLARATION OF K.C. CROSTHWAITE (PM USA) Nov. 11, 2015

Wednesday, November 11th, 2015

The PDF is Here
EXCERPT:
I am responsible for Marlboro across its entire cigarette portfolio. As part of my duties, I am knowledgeable about PM USA’s plans to comply with the Court’s Order requiring PM USA to publish “corrective statements” on television, print newspapers, online newspapers, websites, and onserts.
. . .
The process of implementing […]

6175: COMBINED OPENING BRIEF AND OPPOSITION OF DEFENDANTS AND POST-JUDGMENT PARTIES REGARDING REMEDIES ADDRESSING REVISED LANGUAGE AND IMPLEMENTATION OF THE CORRECTIVE STATEMENTS Nov. 11, 2015

Wednesday, November 11th, 2015

The PDF is Here
EXCERPT:
These preambles are no different, in substance or effect, from the preambles rejected by the D.C. Circuit, which asserted that Defendants had “deliberately deceived” the public and were being “ordered to make” the corrective statements. Such conduct-focused, retrospective language—which compels Defendants to confess publicly that they are liars who deceived the […]