Archive for the 'Court Filings' Category

DOJ DUNS TOBACCO $1.9M IN TRIAL COSTS

Saturday, October 7th, 2006

Text follows of:
DOJ’s Bill of Costs
Bill of Costs Memorandum
**———————————————————
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
United States
V.
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Case Number: 99-CV-02496 (GK)
BILL OF COSTS
Judgment having been entered in the above entitled action on August 17, 2006 against Joint Defendants (date) the Clerk is requested to tax the […]

KESSLER REFUSES DEFENSE MOTION TO STAY

Friday, September 29th, 2006

EXCERPTS:

The purpose of the Remedial Order is to prevent and restrain future violations of RICO.2 Every provision of the Order is designed to prevent and restrain Defendants from repeating their past violations of the statute, which ranged from misleading the public about the reduced health risks from so-called “low-tar” cigarettes to document destruction to […]

Weinstein on Schwab - UPDATED with full text of Intro

Monday, September 25th, 2006

Judge Weinstein’s Introduction to his Memorandum and Order is well worth reading for:
1. A brief and helpful accounting of the issues involved.
2. Some indication of the box-bursting, near-grandiosity of Judge Weinstein’s erudition and thinking.
Beyond the case, Judge Weinstein considers the very purpose of the Federal Court and jury systems, this suit’s chances in the […]

SCHWAB CLASS CERTIFIED–UPDATE

Monday, September 25th, 2006

Jury Selection begins Jan 22, 2007
Parties hearings Oct. 30 and Nov. 29, 2006
May extend class to encompass smokers of ALL low-tar brands rather than “lights” alone.
Collateral Estoppel will not apply.
540-page decision, 998-page appendix of relevant parts of Kessler decision and her appendixes.
Docket #1006 reads:

MEMORANDUM AND ORDER: certification of class granted; summary judgment denied; orders for […]

SCHWAB: CLASS WARFARE

Wednesday, September 20th, 2006

Some aspects of the Schwab parties’ September 12, 2006 presentations have been filed with the court. The Defense has posted Murray Garnick’s exhibits, and the Hausfeld team has posted its slides.
Garnick Exhibits, September 13, 2006
Plaintiff Slide Presentation, September 13, 2006
CERTIFICATION TRUMPS ESTOPPEL?
The war between the parties now consists of whether Collateral Estoppel […]

DOJ Files Opposition to Stay

Wednesday, September 13th, 2006

“A stay pending appeal is an extraordinary remedy with a demanding burden placed upon the moving party. Defendants cannot meet that burden here, because none of the four factors that a court examines when considering a motion for a stay pending appeal favors any abeyance of this Court’s injunctive decree: first, issuance of a stay […]

Other Defendants Appealing: RJR, B&W, ALTRIA, PHILIP MORRIS USA

Monday, September 11th, 2006

Here are the most recent docket entries as of 7:20 PM September 11, 2006:
09/11/2006 5754 NOTICE OF APPEAL as to 5733 Order by R.J. REYNOLDS TOBACCO COMPANY. Filing fee $ 455, receipt number 1001695. Fee Status: Fee Paid. Parties have been notified. (Ryerson, Paul) (Entered: 09/11/2006)
09/11/2006 5755 NOTICE OF APPEAL as to 5733 Order by BROWN & WILLIAMSON TOBACCO […]

BAT, LORILLARD APPEAL TO DCCA

Monday, September 11th, 2006

BAT and Lorillard have filed their appeals with the US Court of Appeals for the District of Columbia Circuit.
NOTE: BATCo is also appealing Judge Kessler’s Order #904, which dealt with Gulson/Foyle issues and fined BATCo $250,000 for “reckless misconduct and bad faith dealings with the Court.” * This was one of the major […]

Schwab Defendants’ Opposition to Collateral Estoppel

Sunday, September 10th, 2006

Text follows of:
Schwab Defendants Opposition to Collateral Estoppel, September 8, 2006
Note: This was a particularly dirty PDF to translate to text, and I’m not positive I’ve caught all the errors; always double-check the original pdf file before citing. — gb
**———————————————————
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK
BARBARA SCHWAB et a!., […]

DOJ’s Oppostition to Defendants Request for Clarification

Sunday, September 10th, 2006

Text follows of:
DOJ Oppostition to Defendants Request for Clarification, September 8, 2006
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.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants
Civil Action No. 99-CV-02496 (GK)
Next scheduled appearance: None Scheduled
UNITED STATES’ MEMORANDUM IN OPPOSITION TO CERTAIN […]