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 […]
The DOJ has cleared Assoc. Attorney General Robert McCallum of “improper influence” in the lowering of remedies targets in the DOJ case.
“[W]e found that your actions in seeking and directing changes in the remedies sought were not influenced by any political considerations, but rather were based on good faith efforts to obtain remedies from 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
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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)
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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 […]
On October 6, beginning with the sentence “Enough is enough,” Defense filed an 10-page opposition to the Guinto motion to intervene. You wouldn’t have thought the Guinto motion needed such a strict, 10-page legal rebuttal, but this Defense is not in the habit of leaving a single t uncrossed or i undotted.
Within the opposition is […]
Hard on the down-at-the-heels filing by the unfortunate Guinto family, New York City’s Citizens Lobbying Against Smoker Harassment (C.L.A.S.H.) has also filed an intervenors’ brief, of sorts.
C.L.A.S.H. head Audrey Silk has sent a letter to Judge Kessler arguing that since Health Groups claimed DOJ didn’t represent their interests, and have been allowed to intervene,and […]
On August 31, Judge Kessler, noting that “there is no single, integrated, numerically-ordered list of admitted exhibits for either the public or the Court of Appeals,” ordered the DOJ and Defense to file comprehensive lists of their admitted exhibits by Nov. 15.
Text follows of Judge Kessler’s Order 1001 Mandating Exhibit Lists
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UNITED STATES DISTRICT […]
The Defense filed its opposition to certiorari on Sept. 16. Submitted by Jones Day’s Todd R. Geremia and Michael A. Carvin (who argued the cause for appellants at the DCCA), it is a concisely-worded argument which not only strictly parses the language of Congress and case law, but subtly presents an apocalyptic vision […]
Sometime after Tobacco-on-trial’s last report, most likely on September 16, the States’ “Motion for Leave to Participate as Amici Brief,” as well as the brief itself, appeared on the docket. We know documents were submitted to the court clerk on the 12th because the first page is so stamped. The reason for the docket/PACER delay […]