Archive for February, 2016

LORILLARD v FDA: Reynolds Petition for rehearing or rehearing en banc, Feb 26, 2016

Saturday, February 27th, 2016

The PDF is Here
EXCERPT:
The Panel decision conflicts with decisions of this Court. Although it mentions the “substantial probability” standard for injury, it makes that standard impossible to satisfy in challenges to advisory committee members with conflicting interests. Consideration by the full court is therefore necessary to secure and maintain uniformity of the Court’s decisions.
This case […]

DOCKET for USA v. PHILIP MORRIS USA, et al: Feb 22, 2016

Tuesday, February 23rd, 2016

02/22/2016 6187 NOTICE OF WITHDRAWAL OF APPEARANCE as to 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. Attorney Beth A. Wilkinson terminated. (Wilkinson, Beth) (Entered: 02/22/2016)

USA v. MO APPEAL: APPELLANT’S OPENING BRIEF, Feb 16, 2016

Thursday, February 18th, 2016

The PDF is Here
EXCERPT:
I. RJRT Is Entitled To Relief Under Rule 60(b)(4) Because The
District Court Lacked Jurisdiction To Require B&W Tobacco
To Publish Corrective Statements On Television. …………. 17
A. A Provision Of An Order That Exceeds The District Court’s
Jurisdiction Is “Void” Under Rule 60(b)(4). …………….. 17
B. Ordering B&W Tobacco To Publish Corrective Statements
On Television Will […]

USA v. MO APPEAL: Docket #: 15-5210: USA v. Philip Morris USA Inc., et al

Thursday, February 18th, 2016

The ECF link ($$) is Here
EXCERPT:
01/19/2016 Open Document CLERK’S ORDER [1594382] filed granting the motion of the Public Health Intervenors to adjust the briefing schedule [1594035-2], The following revised briefing schedule will now apply: APPELLANT Brief due 02/16/2016. APPENDIX due 02/16/2016. APPELLEE Brief due on 03/17/2016. Intervenor-Appellees Brief due 03/31/16. APPELLANT Reply Brief due 04/14/2016 [15-5210]
02/16/2016 Open […]

MO v. FDA: DEFENDANTS’ REPLY IN SUPPORT OF THEIR MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, Feb 10, 2016

Friday, February 12th, 2016

The PDF is Here
EXCERPT:
Plaintiffs’ pre-enforcement, facial challenges to a guidance document issued by the United States Food and Drug Administration (FDA) are not ripe because the guidance document does not represent final agency action and Plaintiffs have not shown that they will suffer significant hardship if review is withheld. Even if Plaintiffs’ claims are […]

SANTA FE: ORDER GRANTING STAY OF PROCEEDINGS PENDING A RULING BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION, FEB 5, 2016

Monday, February 8th, 2016

The PDF is Here
EXCERPT:
ORDERED AND ADJUDGED, on this 5TH day of Feb., 2016, that:
1. All proceedings in this action are hereby stayed pending resolution of the Motion for Transfer of Actions to the District of New Mexico for Consolidation of All Pretrial Proceedings Pursuant to 28 U.S.C. § 1407 [MDL No. 2695] pending before the Judicial […]

6184 ORDER #62-Remand Re: Corrective Statements

Monday, February 8th, 2016

The PDF is Here
EXCERPT:
ORDERED, that the Parties shall be governed by the corrective statements set forth on pages 4-6 of the accompanying Memorandum Opinion; and it is further
ORDERED, that the Parties shall determine what minor changes are needed to implement the Consent Order; and it is further
ORDERED, that the Parties shall file their proposed […]

MEMORANDUM OPINION to Order #62-Remand, Feb 8, 2016

Monday, February 8th, 2016

The PDF is Here
EXCERPT:
Despite the fact that the Court of Appeals accepted the five topics that the Court had chosen to include and had rejected one sentence in the preamble designed to introduce the beginning of each of those topics, Defendants submitted a 40 page opening brief in opposition to the […]

DOCKET for USA v. PHILIP MORRIS USA, et al Feb 3-8, 2016

Monday, February 8th, 2016

Date Filed # Docket Text
02/03/2016 6183 NOTICE OF WITHDRAWAL OF APPEARANCE as to COUNCIL FOR TOBACCO RESEARCH-USA, INCORPORATED. Attorney Steven S. Michaels terminated. (Johnson, Ada) (Entered: 02/03/2016)
02/08/2016 6184 ORDERED, in accordance with the per curiam Order of the Court of Appeals on August 5, 2015, that the Parties shall be governed by the corrective statements set forth on pages […]

SANTA FE: DOCKET for Rothman v. Santa Fe Natural Tobacco Company, Jan 21-Feb 5, 2016

Monday, February 8th, 2016

01/21/2016 18 NOTICE OF APPEARANCE by Michael Fraser Stoer on behalf of Reynolds American, Inc., Santa Fe Natural Tobacco Company, Inc.. (Stoer, Michael) (Entered: 01/21/2016)
02/02/2016 19 ORDER FOR ADMISSION PRO HAC VICE granting 17 Motion for Peter J. Biersteker to Appear Pro Hac Vice. ENDORSEMENT: The Clerk of the Court is requested to terminate the motion (doc. […]