Tobacco On Trial

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 […]

Text follows of:
ORDER outlining the proposed agenda for the 9/13/2006, September 5, 2006
**———————————————————
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK
BARBARA SCHWAB et al., individually and on behalf of all others similarly situated,
Plaintiffs,
V.
PHILIP MORRIS USA, INC. et al.,
Defendants.
No. 04-CV-1945 (JBW)
ORDER
JACK B. WEINSTEIN, Senior United States District Judge:
As previously agreed by all parties, argument […]

On September 1, Defendants filed their motion requesting a stay of Judge Kessler’s Final Judgement and Remedial Order until an appeal can make its way through the courts.
The Defendants request that the “status quo” be maintained for the time being due to the “irreparable injury” that would result from implementation of many of Judge Kessler’s […]

Tobacco defendants have filed a tough reply to the DOJ’s objections to their request for an emergency stay. Defendants argue that Judge Kessler’s injunctions for them to a) tell the truth to the public and b) stop racketeering, are much too general; they argue that the non-specificity of these 2 orders makes them impossible […]

On rare occasions, I did provide the White House with a status report on the case, generally through the White House Counsel’s Office. On those rare occasions, no one at the White House suggested any action or directed any action in the case but merely received information on the status of the case. No one […]

With apparently very little of their allotted time (5 hours) for Depositions left, Citizens for Responsibility and Ethics in Washington today filed a reply motion in its quest to further depose Associate AG Robert D. McCallum.
Some of the issues here involve
–The DOJ’s seemingly tardy delay (7 months) in responding to CREW’s June 28, 2005 Freedom […]

As previously scheduled, June 9 saw a flurry of filings in the Schwab case–31, to be exact, mostly the usual motions to exclude various witnesses’ testimonies.
But even Brooklyn Federal Judge Jack B. Weinstein (E.D.N.Y.) must have been just a little taken aback to see the Hausfeld team asking him to exclude ALL of the […]

UPDATED TO INCLUDE LINK TO JUDGE KESSLER’S ORDER #880.
The DOJ has directed Judge Kessler’s attention to yesterday’s Australian court ruling on BAT Australia’s (BATAS) “document retention policy.” The ruling strongly meshes with DOJ’s characterization of it as a document destruction policy meant to limit BATAS’s liability should incriminating documents come to light. The […]

DOJ Notice of Eubanks Withdrawal 2005-11-30
**———————————————————
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants.
Civil Action No. v. : 99-2496 (GK)
**———————————————————
NOTICE OF WITHDRAWAL OF COUNSEL FOR THE UNITED STATES OF AMERICA
Plaintiff, the United States of America, hereby gives notice […]

Some difficult issues were raised in late September when the Defense filed a praecipe directing Judge Kessler’s attention to a recent decision in a Brooklyn Federal courthouse.
The little-noted Schwab case, filed May 11, 2004 before Judge Jack B. Weinstein*, has many similarities to the DOJ case.
1. A civil RICO action, it was […]