Archive for the 'Documents' Category

Lorillard Files Proposed Corrective Statements

Wednesday, October 18th, 2006

The following statement is made by Lorillard Tobacco Company pursuant to a Court Order in United States of America, et al. v. Philip Morris USA, Inc., et al., Civil Action No. 99-2496 (GK) (Order #1015, Aug. 17, 2006, at 4; Final Op. at 1636) (on appeal).
The Surgeon General has concluded:
The evidence is sufficient to infer […]

RJR Files Proposed Corrective Statements

Wednesday, October 18th, 2006

Defendants propose the following as a corrective statement on environmental tobacco smoke:
The Surgeon General has concluded:
Exposure to environmental tobacco smoke has been proven to cause premature death and disease in children and in adults who do not smoke. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute […]

BAT FILES PROPOSED CORRECTIVE STATEMENTS

Wednesday, October 18th, 2006

1. There are adverse health effects from cigarette smoking. For a list of health effects from smoking and a discussion of the relevant science, see the 2004 Report of the Surgeon General “The Health Consequences of Smoking.”
2. Cigarette smoking and nicotine are addictive.
3. There is no significant health benefit from smoking “low tar,” “light,” “ultra […]

PM USA FILES PROPOSED CORRECTIVE STATEMENTS UNDER PROTEST; ALTRIA “SUPPORTS” STATEMENTS, BUT DISTANCES ITSELF FROM VERDICT

Wednesday, October 18th, 2006

Philip Morris USA and its parent Altria filed an extraordinary pair of documents on Oct. 16, 2006.
PM laid out its proposed Corrective statements “as compelled by the final judgment and remedial order” of Judge Kessler, while insisting that “the corrective statements remedy imposed by the Court is not supported by the factual record and the […]

Judge Allows Distribution of McCallum Deposition

Tuesday, October 17th, 2006

On Oct. 5, 2006, Citizens for Ethics for Responsibility and Ethics in Washington (CREW) won a major battle over the DOJ when Columbia District Court Judge Emmet G. Sullivan granted its request to distribute the videotape of CREW’s deposition of Associate Attorney General Robert McCallum, and denied DOJ’s request for emails that are in […]

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 […]

WEINSTEIN TO PLAINTIFFS: DROP ESTOPPEL ARGUMENTS

Saturday, September 23rd, 2006

Judge Weinstein has reached a decision in the Schwab case.
According to a Reuters report, he sent a note Friday to the parties that he would rule Monday morning by 10 AM.
He issued a seemingly related order in a very odd way: scrawled atop Plaintiffs’ September 19 letter on collateral estoppel. The handwritten note reads, […]