I’ll have to post a precis of the argument in chunks. For now, I’ll try to quickly recap some of the industry’s position, as expressed by Michael Carvin in the first 1/2 hour of argument. This is by no means a complete recap of the issues. Yet, the wire services just don’t have room for […]
The Supreme Court Justices seemed most concerned about Congress’ intent in the 1965 Federal Cigarette Labeling and Advertising Act. Did Congress mean to preempt all law and lawsuits having anything to do with advertising and smoking and health?
Altria’s lawyer, Ted Olson, had to overcome some Justices’ cavils about the sweeping nature of the Labeling Act’s […]
The Justices today were tough on Altria lawyer Ted Olson, tougher on Good lawyer David C. Frederick–and toughest of all on DOJ lawyer Douglas Hallward-Driemeier, Assistant to the Solicitor General.
Justice Alito told Hallward-Driemeier that he found the government’s position “incomprehensible” if the FTC tar/nicotine figures are meaningless.
“You created this whole problem,” Justice Alito told him. […]
§ 1331. Congressional declaration of policy and purpose
It is the policy of Congress, and the purpose of this chapter, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health . . .
No statement relating to smoking and health, other than the statement required […]
On Oct. 31, 2006, a 3-judge DC Court of Appeals panel granted the Defense’s motion to stay Judge Kessler’s Judgement and Order.
It’s odd, to me, that no news source pointed out that the panel included, once again, Judges Sentelle and Tatel. Judge Sentelle, once again, found for tobacco. Judge Tatel, once again, dissented from […]
On October 30, 2006,the parties submitted their praecipes on the practicality and effectiveness of each others’ correctives, as required by Judge Kessler in her Order #1025 (Kessler Order #1025 on Correctives, Oct. 19, 2006.) She had found the parties’ previous filings had raised new issues, and some suggestions might require too “hands on” an approach […]
Granted, I’m not a lawyer, and frankly I get thoroughly lost in a lot of these legal joustings, but I thought I’d prepped pretty well to hear the arguments this morning. Yet, 45 minutes in, I remember thinking, “Why are we spending all this time on Philip Morris’ proposed jury instruction, long after the Justices […]
On Oct. 19, 2006, Judge Kessler ordered both parties to submit memoranda or praecipes on the proposed corrective statements. Both sides’ previous submissions, she writes, “have raised new issues which have not been addressed before.”
The proposals from the DOJ and the Intervenors, in particular, would require vetting of the correctives by public health experts, […]
Text follows of:
DOJ Appeal Notice, October 16, 2006
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
and
Civil Action TOBACCO-FREE KIDS ACTION FUND, et al.,
No. 99-CV-02496 (GK)
Plaintiff-Intervenors,
v.
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants.
__________________________________________
NOTICE OF APPEAL
Notice is hereby given this 16th day of October, 2006, that the United States hereby appeals […]
Text for Adverse Health Effects of Exposure To Secondhand Smoke
For decades, we deliberately misled the American Public about the health effects of smoking.
A Federal District Court is requiring us to make this statement.
We denied the harms of secondhand smoke. xxvii Here’s the truth:
Secondhand smoke contains 4,800 chemicalsxxviii…
Including more than 50 cancer-causing substances. xxix
Secondhand smoke kills […]