Archive for the 'Documents' Category

DOCKET for FORSYTH v MPAA, Sep 15-16, 2016

Friday, September 16th, 2016

The PDF is Here
EXCERPT:
09/15/2016 48 Brief re 47 Stipulation and Order,, Terminate Motions,, Set Deadlines/Hearings, Defendants’ Reply In Support of 1 Special Motion to Strike Pursuant to California Anti-SLAPP Statute . . .
09/15/2016 49 Request for Judicial Notice re 48 Brief,, Defendants Supplemental Request For Judicial Notice In Support Of 1 Special Motion To Strike […]

DOCKET for NICOPURE LABS v. FDA et al, Sep 9-16, 2016

Friday, September 16th, 2016

EXCERPT:
09/14/2016 Set/Reset Hearings: At the request of the Court and with the consent of counsel for both the plaintiffs and the defendants the Motions Hearing presently scheduled for October 19, 2016, at 10:00 AM is rescheduled for October 11, 2016, at 10:15 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) (Entered: 09/14/2016)
09/16/2016 49 JOINT […]

NICOPURE v FDA: REPLY IN SUPPORT OF DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT, Sep 9, 2016

Sunday, September 11th, 2016

The PDF is Here
EXCERPT:
I. E-CIGARETTES—AND THEIR COMPONENTS AND PARTS—ARE PROPERLY REGULATED UNDER THE TOBACCO CONTROL ACT
II. THE FDA’S DEEMING AUTHORITY IS COMMITTED TO AGENCY DISCRETION, AND THE AGENCY’S EXERCISE OF THAT AUTHORITY WAS IN ANY EVENT REASONABLE
III. THERE IS NO BASIS TO SECOND-GUESS THE FDA’S DETERMINATION THAT THE BENEFITS OF THE DEEMING RULE […]

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 […]

NICOPURE v FDA: PLAINTIFFS’ JOINT MEMORANDUM IN OPPOSITION TO DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT AND REPLY…, Aug 29, 2016

Monday, August 29th, 2016

The PDF is Here
EXCERPT:
FDA argues that this Court has no business scrutinizing the Deeming Rule, a regulation that governs thousands of products, affects billions of dollars in commerce, and spans over 130 pages in the Federal Register. On issue after issue, FDA insists that this Court must blindly defer to the agency’s conclusions, going […]

DOCKET for NICOPURE LABS v. FDA et al, Aug 26-29, 2016

Monday, August 29th, 2016

EXCERPT:
08/26/2016 46 Memorandum in opposition to re 44 MOTION for Summary Judgment and Reply in support of Plaintiffs’ Motions for Summary Judgment filed by AMERICAN E-LIQUID MANUFACTURING STANDARDS ASSOCIATION, . . .
08/29/2016 47 REPLY to opposition to motion re 21 MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by AMERICAN E-LIQUID MANUFACTURING STANDARDS […]

NICOPURE v FDA: Brief of Amici Curiae Public Health Organizations, Aug 19, 2016

Tuesday, August 23rd, 2016

The PDF is Here
EXCERPT:
This brief is focused on a single issue that amici are particularly well-suited to address: whether the Deeming Rule advances the public health. The answer is indisputably yes.
Absent the Deeming Rule, the e-cigarette industry will continue to be the “Wild West.“ Currently, hundreds if not thousands of companies market many thousands […]

DOCKET for NICOPURE LABS v. FDA et al, Aug 19-24, 2016

Tuesday, August 23rd, 2016

Date Filed # Docket Text
08/19/2016 45 AMICUS BRIEF by CAMPAIGN FOR TOBACCO-FREE KIDS, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCAITION, AMERICAN THORACIC SOCIETY, TOBACCO CONTROL LEGAL CONSORTIUM, TRUTH INITIATIVE. (Angulo, Carlos) Modified text on 8/19/2016 (td). Modified to add filers on 8/22/2016 (znmw). (Entered: 08/19/2016)
08/22/2016 MINUTE ORDER. The Clerk […]

NICOPURE v FDA: DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT, Aug 17, 2016

Thursday, August 18th, 2016

The PDF is Here
EXCERPT:
Plaintiffs acknowledge none of these risks. Their briefs give no inkling that nicotine is highly addictive, that e-liquids often contain toxic chemicals, or that e-cigarettes can explode. Instead, Plaintiffs contend that e-cigarettes should not be regulated at all, because they are generally “safer” than conventional cigarettes—one of the deadliest products ever […]