Archive for the 'DOJ Appeals' Category

USA v PHILIP MORRIS, et. al. Appeal: Opinion for the Court filed by Circuit Judge TATEL, Nov 1, 2016

Thursday, November 3rd, 2016

The PDF is Here
EXCERPT:
Simply put, RJR cannot have it both ways. Either the remedial order imposes a double-ad requirement, in which case we have appellate jurisdiction but RJR has no excuse for its untimeliness, or the order is unclear, in which case we would lack jurisdiction to entertain this appeal.
Having failed to challenge its […]

USA v. MO APPEAL: PER CURIAM ORDER allocating oral argument time, Aug 31, 2016

Thursday, September 1st, 2016

The PDF is Here
EXCERPT:
It is ORDERED, on the court’s own motion, that the following times are allotted for the oral argument of this case scheduled for September 13, 2016, at 9:30 A.M.:
Appellant - 15 Minutes
Appellee United States of America - 15 Minutes
One counsel per side to argue. The panel considering this case will consist of Circuit Judge […]

USA v. MO APPEAL: DOCKET Aug 31-Sep 1, 2016

Thursday, September 1st, 2016

EXCERPT:
08/31/2016 Open Document PER CURIAM ORDER [1633033] filed allocating oral argument time as follows: Appellant - 15 Minutes, Appellee United States of America - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 09/06/2016 [15-5210]
09/01/2016 FORM 72 submitted by arguing attorney, Jeffrey A. Mandell, on behalf […]

DOJ APPEAL: CLERK’S ORDER filed scheduling oral argument, June 8, 2016

Thursday, June 9th, 2016

The PDF is Here
EXCERPT:
It is ORDERED, on the court’s own motion, that this case be scheduled for oral argument on September 13, 2016, at 9:30 A.M. The composition of the argument panel willusually be revealed thirty days prior to the date of oral argument on the court’s web site atwww.cadc.uscourts.gov.
The time and date of […]

6196: NOTICE OF APPEAL OF DEFENDANTS AND POST-JUDGMENT PARTIES REGARDING REMEDIES, May 6, 2016

Saturday, May 7th, 2016

The PDF is Here
EXCERPT:
Notice is hereby given that Defendants Altria Group, Inc., Philip Morris USA Inc., and R.J. Reynolds Tobacco Company (individually and as successor to Lorillard Tobacco Company), as well as Post-Judgment Parties Regarding Remedies ITG Brands, LLC, Commonwealth Brands, Inc., and Commonwealth-Altadis, Inc., appeal to the United States Court of Appeals for […]

DOCKET for USA v. PHILIP MORRIS USA, et al, May 6-9, 2016

Friday, May 6th, 2016

05/06/2016 6196 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 6185 Memorandum & Opinion, 6195 Order on Motion for Miscellaneous Relief, 6184 Order, by ALTRIA GROUP, INC., PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, COMMONWEALTH ALTADIS, COMMONWEALTH BRANDS INCORPORATED, ITG BRANDS, LLC. Filing fee $ 505, receipt number 0090-4516425. Fee Status: Fee Paid. Parties […]

USA v. MO APPEAL: APPELLANT’S REPLY BRIEF, Apr 14, 2016

Thursday, April 14th, 2016

The PDF is Here
EXCERPT:
I. RJRT is entitled to relief under Federal Rule of Civil Procedure 60(b)(4).
The district court lacked jurisdiction to require B&W Tobacco to publish corrective statements on television because Section 1964(a) of title 18 limits the court’s jurisdiction to preventing and restraining RICO violations. And ordering a non-existent entity such as […]

USA v. MO APPEAL: BRIEF FOR THE INTERVENORS, Mar 31, 2016

Thursday, March 31st, 2016

The PDF is Here
EXCERPT:
It is far too late for RJR to seek relief from its obligations under the 2006 Remedial Order, including its responsibility to run a set of television advertisements as the corporate successor to B&W. Its arguments that the district court lacks the authority to direct remedies at B&W, to be carried out […]

USA v. MO APPEAL: BRIEF FOR THE UNITED STATES OF AMERICA, Mar 17, 2016

Thursday, March 17th, 2016

The PDF is Here
EXCERPT:
SUMMARY OF ARGUMENT
I. In reviewing RJR’s request for relief from the 2006 remedial order under Federal Rule of Civil Procedure 60(b)(4), the “only question” for the Court “is whether the judgment is void.” Bell Helicopter Textron, Inc. v. Islamic Republic of Iran, 734 F.3d 1175, 1180 (D.C. Cir. 2013). A judgment […]

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 […]