Archive for the 'Notes' Category

DOCKET for USA v. PHILIP MORRIS USA, et al. Aug 20, 2015

Friday, August 21st, 2015

08/20/2015 6164 ORDER #59-Remand: This case is now before the Court on the Court of Appeals’ remand of this Court’s earlier Opinion at Dkt. No. 5992; it is hereby ORDERED that Judge Richard Levie will remain as Special Master and shall Mediate among the Parties (see Order for details); the Parties shall conclude Mediation no later […]

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! […]

more emerges on Bush interference with prosecution

Thursday, July 12th, 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 […]

Eubanks Speaks out on Tobacco Case, Attorney Firings

Friday, March 23rd, 2007

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 […]

fuller picture of Bush interference

Thursday, March 22nd, 2007

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 […]