Archive for the 'Notes' Category

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 […]

DOCKET FOR USA v. PHILIP MORRIS USA, et al Dec. 23-Dec. 29, 2011.

Saturday, December 31st, 2011

Date Filed: 09/22/1999
Jury Demand: Both
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Plaintiff
Date Filed # Docket Text
12/23/2011 5960 NOTICE by R.J. REYNOLDS TOBACCO COMPANY (Francisco, Noel) (Entered: 12/23/2011)
12/23/2011 DEPOSIT of Funds into registry of the Court on December 23, 2011, in the amount of $200,000.00. Receipt Number 4616044746 by RJ REYNOLDS TOBACCO CO. (dr) (Entered: […]

(Proposed) ORDER #___-REMAND: CONSENT ORDER BETWEEN USA AND LORILLARD re: DOCUMENT DISCLOSURE OBLIGATIONS UNDER ORDER #1015 (Dec. 21, 2011)

Thursday, December 22nd, 2011

The PDF is Here
EXCERPT:
Upon consideration of the Joint Motion for Consent Order Between the United States, the Public Health Intervenors (hereafter “Plaintiffs”), and Lorillard Tobacco Company (hereafter “Lorillard”) Concerning Document Disclosure Obligations Under Order #1015, and the entire record herein, it is hereby ORDERED that: . . .
II. Monetary Terms
A. Lorillard will deposit, on […]

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! […]

DOJ Appeal–Oral Arguments Set for Oct. 14.

Friday, June 13th, 2008

“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 […]

2007-07-24 MULHOLLAND v ALTRIA Decision

Wednesday, August 1st, 2007

MULHOLLAND v ALTRIA Decision, July 24, 2007

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 […]