Archive for the 'Schwab' Category

Weinstein on Schwab - UPDATED with full text of Intro

Monday, September 25th, 2006

Judge Weinstein’s Introduction to his Memorandum and Order is well worth reading for:
1. A brief and helpful accounting of the issues involved.
2. Some indication of the box-bursting, near-grandiosity of Judge Weinstein’s erudition and thinking.
Beyond the case, Judge Weinstein considers the very purpose of the Federal Court and jury systems, this suit’s chances in the […]

SCHWAB CLASS CERTIFIED–UPDATE

Monday, September 25th, 2006

Jury Selection begins Jan 22, 2007
Parties hearings Oct. 30 and Nov. 29, 2006
May extend class to encompass smokers of ALL low-tar brands rather than “lights” alone.
Collateral Estoppel will not apply.
540-page decision, 998-page appendix of relevant parts of Kessler decision and her appendixes.
Docket #1006 reads:

MEMORANDUM AND ORDER: certification of class granted; summary judgment denied; orders for […]

WEINSTEIN TO PLAINTIFFS: DROP ESTOPPEL ARGUMENTS

Saturday, September 23rd, 2006

Judge Weinstein has reached a decision in the Schwab case.
According to a Reuters report, he sent a note Friday to the parties that he would rule Monday morning by 10 AM.
He issued a seemingly related order in a very odd way: scrawled atop Plaintiffs’ September 19 letter on collateral estoppel. The handwritten note reads, […]

SCHWAB: CLASS WARFARE

Wednesday, September 20th, 2006

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 […]

ALAS, YE SCHWABBIES (UPDATE)

Friday, September 15th, 2006

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. […]

HAUSFELD PITCHES LIGHTS DECEPTION TO WEINSTEIN (updated 5:35 pm)

Wednesday, September 13th, 2006

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 […]

Schwab Defendants’ Opposition to Collateral Estoppel

Sunday, September 10th, 2006

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!., […]

SCHWAB: Weinstein sets agenda for Sept. 13 hearing; will hear arguments on class certification, statute of limitations and collateral estoppel.

Saturday, September 9th, 2006

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 […]

SCHWAB Plaintiffs Seek to Disqualify Company Scientists’ Testimonies as “Junk Science” under Daubert

Tuesday, June 20th, 2006

As previously scheduled, June 9 saw a flurry of filings in the Schwab case–31, to be exact, mostly the usual motions to exclude various witnesses’ testimonies.
But even Brooklyn Federal Judge Jack B. Weinstein (E.D.N.Y.) must have been just a little taken aback to see the Hausfeld team asking him to exclude ALL of the […]

Defense Introduces Schwab Ruling on “Lights”

Sunday, October 23rd, 2005

Some difficult issues were raised in late September when the Defense filed a praecipe directing Judge Kessler’s attention to a recent decision in a Brooklyn Federal courthouse.
The little-noted Schwab case, filed May 11, 2004 before Judge Jack B. Weinstein*, has many similarities to the DOJ case.
1. A civil RICO action, it was […]