Archive for the 'News Items' Category

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 […]


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 […]


Friday, September 8th, 2006

On September 1, Defendants filed their motion requesting a stay of Judge Kessler’s Final Judgement and Remedial Order until an appeal can make its way through the courts.
The Defendants request that the “status quo” be maintained for the time being due to the “irreparable injury” that would result from implementation of many of Judge Kessler’s […]

KESSLER: “Stop Lying and Racketeering.” TOBACCO: “Could You be More Specific?”

Friday, August 25th, 2006

Tobacco defendants have filed a tough reply to the DOJ’s objections to their request for an emergency stay. Defendants argue that Judge Kessler’s injunctions for them to a) tell the truth to the public and b) stop racketeering, are much too general; they argue that the non-specificity of these 2 orders makes them impossible […]


Wednesday, August 23rd, 2006

EXCERPT from DOJ’s Filing:
Defendants offer no legal support for their motion, and there is no reason for the Court to permit defendants to continue to engage in unlawful activity during the pendency of their anticipated motion for a stay pending appeal.
As the Court observed during the telephone conference initiated by defendants on August 18, 2006, […]

DOJ to CREW: You’ve Got E-mails!

Wednesday, August 16th, 2006

On rare occasions, I did provide the White House with a status report on the case, generally through the White House Counsel’s Office. On those rare occasions, no one at the White House suggested any action or directed any action in the case but merely received information on the status of the case. No one […]

Insights into USA v. Philip Morris, et. al. from Sharon Eubanks

Tuesday, August 8th, 2006

As noted in a previous post, Sharon Eubanks made a surprise appearance as a guest on Dick Daynard’s remarkable panel at the World Conference on Tobacco or Health on Thursday, July 13. (She was scheduled, but did not appear on the WCTOH program, so news organizations missed it.) The panel featured legal powerhouses Madelyn Chaber, […]

CREW v. DOJ on McCallum, Documents, FOIA Delay

Thursday, July 27th, 2006

With apparently very little of their allotted time (5 hours) for Depositions left, Citizens for Responsibility and Ethics in Washington today filed a reply motion in its quest to further depose Associate AG Robert D. McCallum.
Some of the issues here involve
–The DOJ’s seemingly tardy delay (7 months) in responding to CREW’s June 28, 2005 Freedom […]


Thursday, July 13th, 2006

Sharon Eubanks, ex-head of the DOJ’s legal team in USA v. Philip Morris, was on the panel of a litigation symposium at the World Conference on Tobacco OR Health Thursday.
She drew on her DOJ experience to give the audience tips on how to fight the industry’s tactics.
I asked her if she’d had any feelings about […]

SCHWAB Plaintiffs Seek to Disqualify Company Scientists’ Testimonies as “Junk Science” under Daubert

Tuesday, June 20th, 2006

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 […]