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:
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 […]
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! […]
“It is ORDERED, on the court’s own motion, that this case be scheduled for oral argument on October 14, 2008, at 9:30 A.M., before Chief Judge Sentelle and Circuit Judges Tatel and Brown.”
The following is the text of the Clerk’s Order, June 11, 2008:
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 06-5267 September […]
MULHOLLAND v ALTRIA Decision, July 24, 2007
This week Richard H. Carmona told a Congressional panel that when he was Surgeon General, the Bush administration repeatedly watered down or suppressed his public health efforts, including those on tobacco and secondhand smoke.
Dr. Carmona served as Surgeon General from 2002 to 2006. During that time he was invited to testify in the DoJ tobacco […]
Followers of this blog have undoubtedly read Carol Leonnig’s Washington Post Page One story about lead prosecutor Sharon Eubanks’ allegations of political interference in the latter days of the tobacco trial.
However, the NPR audio interview by John Ydstie with Eubanks has several noteworthy segments which should be written down for posterity:
1. When asked if Gonzales […]
An article in today’s Washingon Post provides a fuller and more detailed picture of the Bush administration’s political interference in the trial. Sharon Eubanks, the leader of the Justice team, provides new details on what happened and who did what.
The evidence that the Bush administration political interference, via political appointee, Robert D. McCollum, had forced […]
From Judge Kessler’s Memo on Order #1028, issued March 16, 2007:
In sum, the Court concludes that the provisions in the Remedial Order prohibiting the use of express or implied health messages or descriptors in Section II. A. 4. do apply to actions of the Defendants taken outside the United States. To rule otherwise would not […]
Dr. Kerry Lane has been investigating the link between the cigarette ingredient aflatoxin and cancer for many years now. On December 4, 2006, he set forth his case in an accompanying brief to his request to file the brief as amicus curiae.
Dr. Lane’s brief is unlikely to be accepted. It’s certainly late(!), and aflatoxin has […]