Archive for the 'Notes' Category

UNITED STATES’ PETITION FOR PANEL REHEARING on Corrective Statements 7/6/15

Friday, July 24th, 2015

The PDF is Here
EXCERPT:
The United States respectfully requests that the panel amend its opinion to clarify that the corrective statements at issue in this case may include the following introductory language:
A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA to make this statement about the [statement topic].1 Here is […]

R.J. REYNOLDS TOBACCO COMPANY’S NOTICE OF APPEAL 7/23/15

Friday, July 24th, 2015

The PDF is Here
EXCERPT:
Notice is hereby given that Defendant R.J. Reynolds Tobacco Company, individually and as successor to Brown & Williamson Tobacco Corporation, hereby appeals to the United States Court of Appeals for the District of Columbia Circuit from Order #55-Remand of this Court (Dkt. No. 6147, entered May 28, 2015), denying Defendant R.J. […]

SUPPLEMENTAL DISCLOSURE OF DEFENDANT LORILLARD TOBACCO COMPANY’S CORPORATE AFFILIATIONS AND FINANCIAL INTERESTS

Tuesday, June 30th, 2015

The PDF is Here
EXCERPT:
We, the undersigned counsel of record for Defendant R.J. Reynolds Tobacco Company . . . certify that, to the best of our knowledge and belief, LTC has ceased to exist as a separate entity. For that reason, LTC has no companies, subsidiaries, or affiliates that have any outstanding securities in the […]

Judge Kessler’s Status Hearing: What a Difference a Month Makes…

Tuesday, June 30th, 2015

June 30, 2015. At the 20-minute hearing this morning, Judge Kessler wanted 2 issues addressed in light of the May 22, 2015 Court of Appeals ruling which struck down the self-vilifying language in the preambles of the corrective statements (The PDF is Here):
1. The new language; and
2. The formatting/placement, display, fonts, etc. (If […]

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
EXCERPT:
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 […]

RJR v. FDA Hearing Feb. 1, 2012–FDA chooses to demur

Thursday, February 2nd, 2012

BACKGROUND:
On Sept. 21, 2011, oral argument was held in the United States District Court in Washington on RJR, et.al.’s request for a preliminary injunction against the FDA’s Final Rule, which mandated graphic warning labels. The FDA had been given the power to change the labels by the 2009 Family Smoking Prevention and Tobacco Control Act […]

DC Court of Appeals Denies Tobacco’s Request for Rehearing en banc

Tuesday, October 13th, 2009

On Sept. 22, 2009, 9 judges of the US Court of Appeals for the DC Circuit turned down Defendants’ request for a rehearing of their appeal before all the judges of the Court. There’s only one option left for tobacco defendants now: the US Supreme Court.
The PDF is here.
Full text of the order:

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 […]

Orphan in the storm

Tuesday, October 14th, 2008

Imagine you’re in a strange, rough country. You see a boy being beaten unmercifully in the street by an older boy who is shouting, “Thief! Cheat! Liar!”
Thank goodness, you see 3 cops come to break it up. But the cops take the older boy’s word, and start hitting the child too, yelling, “You thief! […]