Archive for the 'News Items' Category

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 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, […]

SCHWAB: CLASS WARFARE

Wednesday, September 20th, 2006

Some aspects of the Schwab parties’ September 12, 2006 presentations have been filed with the court. The Defense has posted Murray Garnick’s exhibits, and the Hausfeld team has posted its slides.
Garnick Exhibits, September 13, 2006
Plaintiff Slide Presentation, September 13, 2006
CERTIFICATION TRUMPS ESTOPPEL?
The war between the parties now consists of whether Collateral Estoppel […]

ALAS, YE SCHWABBIES (UPDATE)

Friday, September 15th, 2006

No recording devices are allowed, and the courtroom acoustics were terrible, so please accept that all quotes are inherently not verbatim. But pretty close.
**———————————————————
This is one spectacular, brand-new (2002), 14-story federal courthouse, filled with large airy spaces, rich marbleoid floors that made even mens’ shoes ring out like high heels, and gleaming marble walls. […]

HAUSFELD PITCHES LIGHTS DECEPTION TO WEINSTEIN (updated 5:35 pm)

Wednesday, September 13th, 2006

Here in Brooklyn, at the United States District Court for the Eastern District of New York, attorney Michael Hausfeld is fighting for the very life of his Schwab case.
The main part of the morning was taken up with Hausfeld’s attempt to prove to Judge Weinstein that the Schwab class should be certified. The class of […]

DOJ Files Opposition to Stay

Wednesday, September 13th, 2006

“A stay pending appeal is an extraordinary remedy with a demanding burden placed upon the moving party. Defendants cannot meet that burden here, because none of the four factors that a court examines when considering a motion for a stay pending appeal favors any abeyance of this Court’s injunctive decree: first, issuance of a stay […]

Other Defendants Appealing: RJR, B&W, ALTRIA, PHILIP MORRIS USA

Monday, September 11th, 2006

Here are the most recent docket entries as of 7:20 PM September 11, 2006:
09/11/2006 5754 NOTICE OF APPEAL as to 5733 Order by R.J. REYNOLDS TOBACCO COMPANY. Filing fee $ 455, receipt number 1001695. Fee Status: Fee Paid. Parties have been notified. (Ryerson, Paul) (Entered: 09/11/2006)
09/11/2006 5755 NOTICE OF APPEAL as to 5733 Order by BROWN & WILLIAMSON TOBACCO […]

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 […]