Archive for the 'Court Filings' Category

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 […]

SCHWAB: Weinstein sets agenda for Sept. 13 hearing; will hear arguments on class certification, statute of limitations and collateral estoppel.

Saturday, September 9th, 2006

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 […]

TOBACCO FILES REQUEST FOR STAY OF JUDGMENT

Friday, September 8th, 2006

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 […]

KESSLER: “Stop Lying and Racketeering.” TOBACCO: “Could You be More Specific?”

Friday, August 25th, 2006

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 […]

DOJ to CREW: You’ve Got E-mails!

Wednesday, August 16th, 2006

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 […]

CREW v. DOJ on McCallum, Documents, FOIA Delay

Thursday, July 27th, 2006

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 […]

SCHWAB Plaintiffs Seek to Disqualify Company Scientists’ Testimonies as “Junk Science” under Daubert

Tuesday, June 20th, 2006

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 […]

DOJ FILES PRAECIPE ON BATAS “DOCUMENT RETENTION” RULING

Wednesday, May 31st, 2006

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 […]