Archive for the 'Notes' Category

“LIGHT” AD RESTRICTIONS APPLY OUTSIDE US, KESSLER RULES

Friday, March 16th, 2007

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. LANE MAKES HIS CASE FOR AFLATOXIN

Tuesday, December 19th, 2006

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 […]

COURT OF APPEALS GRANTS STAY OF KESSLER JUDGEMENT

Monday, November 13th, 2006

On Oct. 31, 2006, a 3-judge DC Court of Appeals panel granted the Defense’s motion to stay Judge Kessler’s Judgement and Order.
It’s odd, to me, that no news source pointed out that the panel included, once again, Judges Sentelle and Tatel. Judge Sentelle, once again, found for tobacco. Judge Tatel, once again, dissented from […]

UNPROVEN CORRECTIVES

Monday, November 13th, 2006

On October 30, 2006,the parties submitted their praecipes on the practicality and effectiveness of each others’ correctives, as required by Judge Kessler in her Order #1025 (Kessler Order #1025 on Correctives, Oct. 19, 2006.) She had found the parties’ previous filings had raised new issues, and some suggestions might require too “hands on” an approach […]

A HALLOWEEN CAROL

Wednesday, November 1st, 2006

After the Supreme Court hearing in Philip Morris v. Williams, I stopped by the old campus, the Prettyman courthouse, to see some of the old gang. Ah, but the press room was almost empty today, everyone off covering new momentous events.
Well, I thought, I’ll take a jaunt up to Courtroom #19, maybe catch just […]

SUPREME COURT WILLIAMS HEARING: A BOG BETTER HANDLED BY A BLOG

Tuesday, October 31st, 2006

Granted, I’m not a lawyer, and frankly I get thoroughly lost in a lot of these legal joustings, but I thought I’d prepped pretty well to hear the arguments this morning. Yet, 45 minutes in, I remember thinking, “Why are we spending all this time on Philip Morris’ proposed jury instruction, long after the Justices […]

DEFENSE ACCEPTS DOJ’s BILL OF COSTS–WITH INTEREST IF AND WHEN APPEALS ARE EXHAUSTED

Monday, October 23rd, 2006

“[T]he parties have agreed (a) that the amount submitted by the Government in its Bill of Costs $1,930,981.97, shall constitute the appropriate taxable costs and (b) that Defendants shall be liable for that amount, plus interest from this date, upon final resolution of all appeals in this matter, if the Government remains the prevailing party.”

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Text […]

KESSLER ORDERS SUBMISSIONS ON CORRECTIVES

Monday, October 23rd, 2006

On Oct. 19, 2006, Judge Kessler ordered both parties to submit memoranda or praecipes on the proposed corrective statements. Both sides’ previous submissions, she writes, “have raised new issues which have not been addressed before.”
The proposals from the DOJ and the Intervenors, in particular, would require vetting of the correctives by public health experts, […]

RICO SHOULD APPLY WORLDWIDE TO ALL AMERICANS LIVING ABROAD, HONG KONG NGO CLAIMS

Thursday, October 19th, 2006

Defendant tobacco companies in countries with American populations may have to abide by Judge Kessler’s Aug. 17, 2006 ruling on descriptors if she gives weight to a unique amicus brief filed by a foreign NGO.
In early October, Annelise Connell of Hong Kong’s “Clear the Air” filed an amicus brief opposing Defendants’ motion to delay or […]

DOJ Files Notice of Appeal

Wednesday, October 18th, 2006

Text follows of:
DOJ Appeal Notice, October 16, 2006
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
and
Civil Action TOBACCO-FREE KIDS ACTION FUND, et al.,
No. 99-CV-02496 (GK)
Plaintiff-Intervenors,
v.
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants.
__________________________________________
NOTICE OF APPEAL
Notice is hereby given this 16th day of October, 2006, that the United States hereby appeals […]