USA v PHILIP MORRIS, et. al.: PUBLIC HEALTH INTERVENORS’ MEMORANDUM OF POSITION AS REQUIRED BY ORDER #65-REMAND, Jan 17, 2017

January 17, 2017 7:34 pm by Gene Borio

The PDF is Here

EXCERPT:

Particularly in light of the Tobacco Industry’s recent acknowledgement to this Court that, as a result of the D.C. Circuit’s November 1, 2016 ruling on the relevant issue, “it is now clear that Defendant R. J. Reynolds Tobacco Company is required to publish three sets of corrective statements on television – one on behalf of Brown & Williamson Tobacco Corporation, one on behalf of itself, and one on behalf of Lorillard Tobacco Company,” Docket Entry 6202, it is the Public Health Intervenors’ position that there are no outstanding issues with regard to this particular matter that this Court needs to decide.

The only remaining issues in this case are the Tobacco Companies’ most recent challenge to the preamble language, currently pending before the D.C. Circuit and scheduled for oral argument on February 14, 2017, and the point-of-sale issue pending before this Court.

. . .

Respectfully submitted,

/s/ Katherine A. Meyer

(D.C. Bar No. 244301)

Meyer Glitzenstein & Eubanks, LLP

END EXCERPT

FULL TEXT:

Case 1:99-cv-02496-GK Document 6204 Filed 01/17/17 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

and

TOBACCO-FREE KIDS ACTION FUND,

et al.,

Plaintiff-Intervenors,

v.

PHILIP MORRIS USA, INC., et al.,

Defendants.

Civil Action No. 99-CV-2496 (GK)

Next Scheduled Court Date: January 31, 2017, at 10:30 a.m.

____________________________________

PUBLIC HEALTH INTERVENORS’ MEMORANDUM OF POSITION AS REQUIRED BY ORDER #65-REMAND

This memorandum is submitted pursuant to this Court’s Order #65 – Remand (Jan. 3, 2017), Docket Entry 5201. Particularly in light of the Tobacco Industry’s recent acknowledgement to this Court that, as a result of the D.C. Circuit’s November 1, 2016 ruling on the relevant issue, “it is now clear that Defendant R. J. Reynolds Tobacco Company is required to publish three sets of corrective statements on television – one on behalf of Brown & Williamson Tobacco Corporation, one on behalf of itself, and one on behalf of Lorillard Tobacco Company,” Docket Entry 6202, it is the Public Health Intervenors’ position that there are no outstanding issues with regard to this particular matter that this Court needs to decide.

The only remaining issues in this case are the Tobacco Companies’ most recent challenge to the preamble language, currently pending before the D.C. Circuit and scheduled for oral argument on February 14, 2017 (Nos. 16-5101 and 16-5127), and the point-of-sale issue

Case 1:99-cv-02496-GK Document 6204 Filed 01/17/17 Page 2 of 2

pending before this Court. See, e.g., Docket Entry 6098 (Public Intervenors’ Supplemental Brief).

Respectfully submitted,

/s/ Katherine A. Meyer

(D.C. Bar No. 244301)

Meyer Glitzenstein & Eubanks, LLP

4115 Wisconsin Ave., N.W. Suite 210

Washington, DC 20016

202-588-5206

kmeyer@meyerglitz.com

Attorney for the Public Health Intervenors

January 18, 2017

2

Leave a Reply

The primary purpose of this site is to provide information in a timely manner. Postings should be informative. The usual rules apply: No libel, no profanity, no personal abuse, keep it on topic, and short.

If you are scheduled as a court witness, CHECK with your lawyer before posting anything here!