Some aspects of the Schwab parties’ September 12, 2006 presentations have been filed with the court. The Defense has posted Murray Garnick’s exhibits, and the Hausfeld team has posted its slides.
Garnick Exhibits, September 13, 2006
Plaintiff Slide Presentation, September 13, 2006
CERTIFICATION TRUMPS ESTOPPEL?
The war between the parties now consists of whether Collateral Estoppel […]
No recording devices are allowed, and the courtroom acoustics were terrible, so please accept that all quotes are inherently not verbatim. But pretty close.
**———————————————————
This is one spectacular, brand-new (2002), 14-story federal courthouse, filled with large airy spaces, rich marbleoid floors that made even mens’ shoes ring out like high heels, and gleaming marble walls. […]
Here in Brooklyn, at the United States District Court for the Eastern District of New York, attorney Michael Hausfeld is fighting for the very life of his Schwab case.
The main part of the morning was taken up with Hausfeld’s attempt to prove to Judge Weinstein that the Schwab class should be certified. The class of […]
“A stay pending appeal is an extraordinary remedy with a demanding burden placed upon the moving party. Defendants cannot meet that burden here, because none of the four factors that a court examines when considering a motion for a stay pending appeal favors any abeyance of this Court’s injunctive decree: first, issuance of a stay […]
Here are the most recent docket entries as of 7:20 PM September 11, 2006:
09/11/2006 5754 NOTICE OF APPEAL as to 5733 Order by R.J. REYNOLDS TOBACCO COMPANY. Filing fee $ 455, receipt number 1001695. Fee Status: Fee Paid. Parties have been notified. (Ryerson, Paul) (Entered: 09/11/2006)
09/11/2006 5755 NOTICE OF APPEAL as to 5733 Order by BROWN & WILLIAMSON TOBACCO […]
BAT and Lorillard have filed their appeals with the US Court of Appeals for the District of Columbia Circuit.
NOTE: BATCo is also appealing Judge Kessler’s Order #904, which dealt with Gulson/Foyle issues and fined BATCo $250,000 for “reckless misconduct and bad faith dealings with the Court.” * This was one of the major […]
Text follows of:
Schwab Defendants Opposition to Collateral Estoppel, September 8, 2006
Note: This was a particularly dirty PDF to translate to text, and I’m not positive I’ve caught all the errors; always double-check the original pdf file before citing. — gb
**———————————————————
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK
BARBARA SCHWAB et a!., […]
Text follows of:
DOJ Oppostition to Defendants Request for Clarification, September 8, 2006
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
and
TOBACCO-FREE KIDS ACTION FUND, et al.,
Plaintiff-Intervenors,
v.
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants
Civil Action No. 99-CV-02496 (GK)
Next scheduled appearance: None Scheduled
UNITED STATES’ MEMORANDUM IN OPPOSITION TO CERTAIN […]
Text follows of:
ORDER outlining the proposed agenda for the 9/13/2006, September 5, 2006
**———————————————————
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK
BARBARA SCHWAB et al., individually and on behalf of all others similarly situated,
Plaintiffs,
V.
PHILIP MORRIS USA, INC. et al.,
Defendants.
No. 04-CV-1945 (JBW)
ORDER
JACK B. WEINSTEIN, Senior United States District Judge:
As previously agreed by all parties, argument […]
Stephen D. Brody has left as counsel of record in the DOJ case, according to a court filing today. He has apparently been replaced by Linda McMahon, according to a separate filing. McMahon is a DOJ Tobacco Litigation Team lawyer who attended the trial regularly, but did not personally examine witnesses.
Text follows of:
DOJ notice of […]