Tobacco On Trial

07/13/2012 5977 NOTICE of Revised Submission in Response to Order #30 Remand by LORILLARD TOBACCO COMPANY (Attachments: # 1 Exhibit A)(Minton, Michael) (Entered: 07/13/2012)

08/27/2012 5978 ORDER #31-Remand setting a Motion Hearing for Thursday, October 4, 2012, at 10:00 a.m. Signed by Judge Gladys Kessler on 8/27/12. (CL, ). (Entered: 08/27/2012)

08/27/2012 Set/Reset Hearings: Motion Hearing set for 10/4/2012 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 08/27/2012)

08/29/2012 5979 Unopposed MOTION to Continue October 4, 2012 Hearing by ALTRIA GROUP, INC., LORILLARD TOBACCO COMPANY, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY (Estrada, Miguel) (Entered: 08/29/2012)

08/30/2012 5980 ORDER #32-Remand granting 5979 Defendants’ Unopposed Motion to Continue; the Motion Hearing now set for October 4, 2012, is hereby rescheduled for October 15, 2012, at 10:00 a.m. Signed by Judge Gladys Kessler on 8/30/12. (CL, ) Modified on 9/12/2012 (CL, ). (Entered: 08/30/2012)

08/30/2012 Set/Reset Hearings: Motion Hearing set for 10/15/2012 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 08/30/2012)

09/11/2012 5981 Joint MOTION for Briefing Schedule Concerning Corrective Statements Remedy by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND (Attachments: # 1 Text of Proposed Order)(Crystal, Howard) (Entered: 09/11/2012)

09/12/2012 5982 ORDER #33-Remand granting 5981 the Parties’ Motion for Supplemental Briefing Concerning Corrective Statements Remedy; the Parties shall file opening briefs by September 24, 2012, at 5:00 p.m.; Responses shall be filed by Otober 4, 2012, at 5:00 p.m.; in the future, the Parties are to comply with Local Rule 7(c). Signed by Judge Gladys Kessler on 91212. (CL, ) (Entered: 09/12/2012)

09/12/2012 Set/Reset Deadlines: Opening Supplemental Brief due by 9/24/2012. Responses due by 10/4/2012. (CL, ) (Entered: 09/12/2012)

09/20/2012 5983 MANDATE of USCA (certified copy) as to USCA Case Number, 5939 Notice of Appeal to DC Circuit Court filed by ALTRIA GROUP, INC., R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA INC., LORILLARD TOBACCO COMPANY; ORDERED and ADJUDGED that the judgement of the District Court appealed from in this cause is hereby affirmed, in accordance with the opinion of the court filed herein this date. USCA Case Number 11-5145. (md, ) (Entered: 09/22/2012)

09/20/2012 5984 MANDATE of USCA (certified copy) as to 5941 Notice of Appeal filed by ALTRIA GROUP, INC., R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA INC., LORILLARD TOBACCO COMPANY; ORDERED and ADJUDGED that the judgement of the District Court appealed from in this cause is hereby dismissed for lack of jurisdiction, in accordance with the opinion of the court filed herein this date. USCA Case Number 11-5146. (md, ) (Entered: 09/22/2012)

09/24/2012 5985 SUPPLEMENTAL MEMORANDUM to re 5881 Response to Document, Response to the Government’s Proposed Corrective Statements filed by ALTRIA GROUP, INC., LORILLARD TOBACCO COMPANY, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY. (Estrada, Miguel) (Entered: 09/24/2012)

09/24/2012 5986 RESPONSE TO ORDER OF THE COURT re 5982 Order on Motion for Briefing Schedule, Public Health Intervenors’ Supplemental Brief Concerning The Corrective Statement Remedy filed by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND. (Crystal, Howard) (Entered: 09/24/2012)

09/24/2012 5987 NOTICE of United States’ Opening Supplemental Brief Concerning Corrective Statements by UNITED STATES OF AMERICA re 5982 Order on Motion for Briefing Schedule, (Attachments: # 1 Exhibit Focus-Group Excerpts, # 2 Exhibit 20110211 ltr., Crane-Hirsch to Wilkinson, # 3 Exhibit 20110218 email, Thirolf to Frederick, # 4 Exhibit 20110225 ltr., Crane-Hirsch to Wilkinson, # 5 Exhibit 20110301 ltr., Crane-Hirsch to Wilkinson)(Crane-Hirsch, Daniel) (Entered: 09/24/2012)

10/04/2012 5988 RESPONSE To Defendants’ Supplemental Memorandum Regarding the Government’s Proposed Corrective Statements filed by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND. (Crystal, Howard) (Entered: 10/04/2012)

10/04/2012 5989 REPLY re 5987 Notice (Other), Supplemental Reply Brief Regarding the Government’s Proposed Corrective Statements filed by ALTRIA GROUP, INC., LORILLARD TOBACCO COMPANY, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY. (Estrada, Miguel) (Entered: 10/04/2012)

10/04/2012 5990 RESPONSE re 5982 Order on Motion for Briefing Schedule, United States’ Response Supplemental Brief re Corrective Statements filed by UNITED STATES OF AMERICA. (Crane-Hirsch, Daniel) (Entered: 10/04/2012)

10/10/2012 MINUTE ORDER: The time for the Motions Hearing on October 15, 2012, is hereby changed to 10:30 a.m. Signed by Judge Gladys Kessler on 10/10/12. (CL, ) (Entered: 10/10/2012)

10/10/2012 Set/Reset Hearings: Motion Hearing set for 10/15/2012 10:30 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 10/10/2012)

10/15/2012 Minute Entry for proceedings held before Judge Gladys Kessler: Motions Hearing held on 10/15/2012 concerning corrective statements; heard and taken under advisement. (Court Reporter: Susan Tyner) (tth) (Entered: 10/15/2012)

EXCERPT:

02/25/2011 1 COMPLAINT against LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION . . .

08/01/2012 44 MEMORANDUM ORDER, Ordered that defendants’ Motion to Dismiss 18 is DENIED; and it is further Ordered that defendants’ Motion to Dismiss Plaintiffs’ Fifth Cause of Action 37 is DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 7/31/2012.

END EXCERPT

(more…)

The PDF is Here

EXCERPT:

Finally, based on the facts currently in the record, I find that the Menthol Report Subcommittee and its writing groups5 are advisory committees under FACA because they “were organized, managed, and funded by FDA, consisted only of TPSAC members, and performed” a major task of the committee: drafting the Menthol Report. . . .
Accordingly, for the reasons set forth above, it is hereby

ORDERED that defendants’ Motion to Dismiss [Dkt. #18] is DENIED; and it is further

ORDERED that defendants’ Motion to Dismiss Plaintiffs’ Fifth Cause of Action [Dkt. #37] is DENIED.

SO ORDERED.

RICHARD J. LEON United States District Judge

END EXCERPT

(more…)

The PDF is Here

Attachment 1: RJR Privilege Index (PDF) is Here

Attachment 2: CORRESPONDING GLOSSARY for RJR Privilege Index (PDF) is Here

Attachment 3: BROWN & WILLIAMSON PRIVILEGE INDEX (PDF) is Here

Attachment 4: KEY FOR PRIVILEGE AND PROTECTION CODES CORRESPONDING GLOSSARY FOR BROWN & WILLIAMSON PRIVILEGE INDEX (PDF) is Here

Attachment 5: AMERICAN TOBACCO COMPANY PRIVILEGE INDEX (PDF) is Here

Attachment 6: CORRESPONDING GLOSSARY FOR AMERICAN TOBACCO COMPANY PRIVILEGE INDEX (PDF) is Here

EXCERPT:

Defendant R.J. Reynolds Tobacco Company (individually and as successor to Brown & Williamson Tobacco Corporation) files the following attached documents in compliance with this Court’s Order #30-Remand:

• R.J. Reynolds Tobacco Company Privilege Index Pursuant to Order #30-REMAND

• Corresponding Glossary for R.J. Reynolds Tobacco Company Privilege Index Pursuant to Order #30-REMAND

• Brown & Williamson Privilege Index Pursuant to Order #30-Remand

• Corresponding Glossary for Brown & Williamson Privilege Index Pursuant to Order #30-Remand

• American Tobacco Company Privilege Index Pursuant to Order #30-Remand

• Corresponding Glossary for American Tobacco Company Privilege Index Pursuant to Order #30-Remand

END EXCERPT

(more…)

The PDF is Here

The PDF of the document list is Here

EXCERPT:

After conducting a diligent review of the more than 3,000 documents, Lorillard has determined that all but 641 can be returned to the Depository’s publicly available population, and has sent a list of these documents to representatives of the Minnesota Depository. For the 641 documents that Lorillard has determined should remain in the Depository’s SDR on the grounds of privilege, trade secret, formula, or confidentiality,2 Lorillard has prepared a Log attached hereto as Exhibit A, identifying, to the extent available, the document number, author(s), addressee(s), copyee(s), document date, document type, the reason for sealing the document, and whether the procedures contained in Judge Lawrence Cohen’s January 12, 1999 Order were followed. . . .

Nearly all the documents identified on the Depository List relate to claw-backs of documents inadvertently produced in smoking and health litigation a decade or more ago. Despite the passage of time, Lorillard has been able to locate written confirmation for 571 of the 641 documents that the appropriate procedures were followed with respect to the underlying litigation that caused the document to be produced to the Depository. . . .

Additionally, with respect to this Court’s requirement to identify whether “removal procedures” in Judge Cohen’s Order were followed regarding the documents listed on the Log, based on the information available to Lorillard, it appears that these documents were sealed in the SDR within the Depository as opposed to being removed from the Depository. Thus, the requirement to give “notice of any removal of documents” from the Minnesota Depository to the Ramsey County District Court Administrator would not apply. Nonetheless, Lorillard did attempt to determine if the Ramsey County District Court was contemporaneously notified regarding the sealing of these documents in the SDR, but for the reasons mentioned above regarding the dissolution of the two law firms that served as Lorillard’s local counsel in Minnesota, Lorillard has been unable to determine whether any notification occurred.

END EXCERPT

(more…)

The PDF of the filing is Here

The PDF of the document list is Here

EXCERPT:

Defendants Altria Group, Inc. and Philip Morris USA Inc. hereby file their attached log as required by Order #30-Remand. . . .

Reason for Removal: TRADE SECRET INFORMATION

Document ID: 2021327336

Removal Procedures

Followed:

YES

END EXCERPT

(more…)

The PDF is Here

EXCERPT:

Intervenors do not contend that any aspect of Altria’s public statements in Roll Call, The Hill, and Politico was untruthful. Nor could they plausibly have done so. There is nothing in this Court’s injunctions that prohibits Defendants from making truthful public statements about their marketing practices, their underage-smoking prevention activities, or positions on the health risks of smoking—and their right to comment on these issues of “public concern” is unquestionably protected by the First Amendment. . . .

Intervenors’ invocation of Altria’s truthful public statements to support their request for court-ordered corrective statements makes clear that, far from being “geared toward[ ] thwarting prospective efforts by Defendants” to mislead the public, . . . those unprecedented corrective statements are intended to punish and shame Defendants. . . . But court-ordered corrective statements designed to punish and shame Defendants are far beyond the reach of RICO and the jurisdiction of this Court. In fact, in light of Defendants’ public positions on smoking and health issues, and the FDA’s extensive regulatory authority over virtually every aspect of Defendants’ business, there is no reasonable likelihood that Defendants will in the future mislead the public about the health risks and addictiveness of smoking. The Government’s proposed corrective statements are therefore unwarranted under RICO and unconstitutional under the First Amendment.

END EXCERPT

(more…)

The PDF is Here

EXCERPT:

During the last two months, Defendant Altria Group Inc. has repeatedly run two advertisements in several print publications - Roll Call, The Hill, and Politico - that are apparently designed to impact public perception of their companies’ behavior . . .

These advertisements, which include representations about marketing to “consumers 21 and older”; the “successful We Card program”; and communicating “about the health risks of tobacco, including on our websites,” id., further demonstrate the pressing need for forceful corrective statements. These statements, which the Court has directed to appear in print publications as well as other media, remain critical to prevent and restrain Defendants from continuing misrepresentations.

END EXCERPT

(more…)

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 and its legions of lawyers. She details the challenges faced as an African-American woman leading a Justice Department trial team; documents the unrelenting interference from a hostile Bush administration; and above all, explains what it was like to face off against the scorched earth tactics of the shameless Big Tobacco attorneys. This is a pull-no-punches, tell-it-like-it-is account from a heroic woman who took on Big Tobacco and its allies and against the odds won. With co-author Stanton Glantz, Sharon Eubanks has delivered a page-turner that will both make your blood boil and remind you that a few determined individuals really can make a difference. –Robert Weissman, President, Public Citizen

Drafting the racketeering statute, as I did, only put it on the books. Eubanks tenacity in litigating under it against Big Tobacco, despite the odds against her, made it effective against one of its most egregious offenders. I heartily recommend her story to all shades of readers. She is one of my heroes. –G. Robert Blakey, Professor of Law, University of Notre Dame

END EXCERPT

(more…)

Date Filed: 09/22/1999

Jury Demand: Both

Nature of Suit: 890 Other Statutory Actions

Jurisdiction: U.S. Government Plaintiff

Date Filed # Docket Text

06/07/2012 5972 NOTICE of Filing by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND (Crystal, Howard) (Entered: 06/07/2012)

06/08/2012 5973 RESPONSE re 5972 Notice (Other) of Filing filed by ALTRIA GROUP, INC., LORILLARD TOBACCO COMPANY, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY. (Estrada, Miguel) (Entered: 06/08/2012)

06/11/2012 5974 NOTICE of Log Filing as Required by Order #30-Remand by ALTRIA GROUP, INC., PHILIP MORRIS USA INC. (Attachments: # 1 Exhibit Log as Required by Order #30-Remand)(Campbell, Matthew) (Entered: 06/11/2012)

06/11/2012 5975 NOTICE of Submission in Response to Order #30 Remand by LORILLARD TOBACCO COMPANY (Attachments: # 1 Exhibit A)(Minton, Michael) (Entered: 06/11/2012)

06/11/2012 5976 NOTICE by R.J. REYNOLDS TOBACCO COMPANY (Attachments: # 1 RJR Index, # 2 RJR Glossary, # 3 B&W Index, # 4 B&W Glossary, # 5 ATCo Index, # 6 ATCo Glossary)(Francisco, Noel) (Entered: 06/11/2012)