Archive for the 'News Items' Category

What We Talk about When We Talk about Corrective Statements

Sunday, February 22nd, 2015

These are the statements at issue in the proceeding Monday morning—primarily the phrase,”deliberately deceived the American public” in the preamble to each statement.
Dec 1, 2014
1. On remand, the district court determined the text of the five corrective statements:
A. Adverse Health Effects of Smoking
A Federal Court has […]

Once Upon a Time, on a Day Far, Far Away . . .

Friday, January 24th, 2014

It appears only Reuters thought this hearing important enough to cover. Perhaps they’ve all given up; or, considering the briar patch of complications, probable appeals and likely delays discussed at the hearing, perhaps they feel that by the time anything actually happens in real life due to this trial, their grandchildren will be covering it […]

Bad Acts: The Racketeering Case Against the Tobacco Industry by Sharon Y. Eubanks, Stanton A. Glantz

Friday, June 29th, 2012

The link is here: Bad Acts: The Racketeering Case Against the Tobacco Industry [Paperback] by Sharon Y. Eubanks, Stanton A. Glantz
Bad Acts is a gripping day-by-day chronicle of what may well be the greatest trial ever on corporate wrongdoing. Sharon Eubanks writes in personal, direct terms about the challenges in taking on Big Tobacco […]

Whither the Minnesota Tobacco Depository?

Friday, February 25th, 2011

In Thursday’s hearing, Judge Kessler talked about her concerns about The MN Depository. In her 2006 verdict, Judge Kessler ordered the MN and Guildford Depositories to be maintained until 2021, but she said she was concerned, partly because the MN judge [Ramsey County Judge Guthman] who is currently in charge of the depository is concerned. […]

Whittling Down Tobacco Defendants: And Then There Were Three . . . or Four . . . or maybe a whole lot more . . .

Thursday, December 23rd, 2010

Judge Kessler’s Order # 7 (below) offers a succinct precise of the issues addressed during Monday’s Status Hearing.
Now that the Supreme Court has upheld Kessler’s judgment, all that’s left in the tobacco case is to determine the specifics of Kessler’s Order #1015 “Final Judgment and Remedial Order” (Aug. 17, 2006 ). Not so simple; this […]

Glimpse of SCOTUS Arguments Seen in Tobacco’s Motion for Stay of Mandate

Tuesday, October 13th, 2009

On September 28, 2009, the tobacco Defendants asked the US Court of Appeals, DC Circuit to stay issuance of its mandate, pending Defendants’ filing and disposition of petitions for writs of certiorari to the Supreme Court.
The Court’s mandate would require Defendants to:
remove “light” and “low tar” descriptors from the packages and brand names of […]


Tuesday, October 13th, 2009

The Ronald M. Davis Tobacco Deposition & Trial Testimony Archive at Tobacco Documents Online (TDO) has the collected transcripts and depositions of UNITED STATES OF AMERICA v. PHILIP MORRIS INC–complete with abstracts(!)
MANY THANKS to the staff of Michigan Public Health Institute’s Center for Tobacco Use Prevention & Research.

Carvin’s Charges

Thursday, October 16th, 2008

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 […]

Justices Blow Ill Wind toward Good

Monday, October 6th, 2008

Re: Altria Group, Inc. v. Good (07-562) (SCOTUS Oral Argument heard Oct. 8, 2008)

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 […]

Justices Attack Gov, but even an incompetent FTC may preempt States

Monday, October 6th, 2008

re: Altria Group, Inc. v. Good (07-562) (SCOTUS Oral Argument heard on Oct. 8, 2008)

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 […]