Court of Appeals Docket for USA v. PHILIP MORRIS USA, et al Sep 29-Jan 07, 2015

January 9, 2015 12:45 am by Gene Borio

•09/29/2014 Open Document JOINT APPENDIX [1514394] filed by Altria Group, Inc., Lorillard Tobacco Company, Philip Morris USA Inc., R.J. Reynolds Tobacco Company and American Cancer Society, American Heart Association, American Lung Association, Americans For Nonsmokers’ Rights, National African American Tobacco Prevention Network, Tobacco-Free Kids Action Fund and USA in 13-5028, 14-5161. [Volumes: 1] [Service Date: 09/29/2014 ] [13-5028, 14-5161] (Estrada, Miguel)

•10/06/2014 Open Document CONSENT AMICUS FOR APPELLANT BRIEF [1515667] filed by Washington Legal Foundation in 13-5028, 14-5161 [Service Date: 10/06/2014 ] Length of Brief: 6, 938 words. [13-5028, 14-5161] (Samp, Richard)

•12/01/2014 Open Document APPELLEE BRIEF [1524816] filed by USA in 14-5161, 13-5028 [Service Date: 12/01/2014 ] Length of Brief: 11,423 Words. [14-5161, 13-5028] (Patterson, Melissa)

•12/03/2014 Open Document CLERK’S ORDER filed [1525387] scheduling oral argument on Monday, 02/23/2015. [13-5028, 14-5161]

•12/05/2014 Open Document MODIFIED PARTY FILER–NOTICE filed [1525648] by Tobacco Control Legal Consortium of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 12/04/2014 ] [14-5161, 13-5028]–[Edited 12/08/2014 by JJA] (Bennigson, Thomas)

•12/08/2014 Open Document AMICUS FOR APPELLEE BRIEF [1525955] filed by Tobacco Control Legal Consortium in 14-5161, 13-5028 [Service Date: 12/08/2014 ] Length of Brief: 6,980 words. [14-5161, 13-5028] (Bennigson, Thomas)

•12/08/2014 Open Document APPELLEE BRIEF [1526047] filed by American Cancer Society, American Heart Association, American Lung Association, Americans For Nonsmokers’ Rights, National African American Tobacco Prevention Network and Tobacco-Free Kids Action Fund in 13-5028, 14-5161 [Service Date: 12/08/2014 ] Length of Brief: 8,746. [13-5028, 14-5161] (Crystal, Howard)

•12/11/2014 Open Document NOTICE FILED [1526684] by R.J. Reynolds Tobacco Company in 13-5028, 14-5161 to withdraw attorney Robert F. McDermott Jr. who represented R.J. Reynolds Tobacco Company and Brown & Williamson Tobacco Corporation in 13-5028 [Service Date: 12/11/2014 ] [13-5028, 14-5161] (McDermott, Robert)

•12/15/2014 FIRST CLASS MAIL RETURNED [1527182] marked “Return to sender - not here”. Mail had been sent to Attorney Mr. Stephen Printiss Murphy for Appellee Novartis Consumer Health, Inc. in 13-5028. [13-5028, 14-5161]

•01/07/2015 Open Document JOINT APPELLANT REPLY BRIEF [1530542] filed by Altria Group, Inc., Lorillard Tobacco Company, Philip Morris USA Inc. and R.J. Reynolds Tobacco Company in 13-5028, 14-5161 [Service Date: 01/07/2015 ] Length of Brief: 6,987 Words. [13-5028, 14-5161] (Estrada, Miguel)

USA, Plaintiff-Appellee v. PHILIP MORRIS USA INC., et al., Defendants-Appellants: APPELLANTS’ REPLY BRIEF

January 9, 2015 12:31 am by Gene Borio

20150107 APPELLANTS’ REPLY BRIEF

The PDF is Here

EXCERPT:

In its 2009 opinion, this Court directed the district court to craft corrective statements that are confined to “‘purely factual and uncontroversial information’” that “reveal[s] the previously hidden truth about [Defendants’] products.” . . .

In accordance with that ruling, Defendants stand ready to disseminate statements that provide public-health information about cigarettes. Instead of heeding this Court’s instructions, however, the district court ordered a series of inflammatory statements that require Defendants to denigrate themselves as unscrupulous villains who deceived the American public in the past and who continue to do so today. Indeed, there is nothing at all “corrective” about the anger-inducing, inaccurate statements ordered by the district court. Those statements fall well outside the narrow parameters of this Court’s mandate, exceed the First Amendment’s limitations on compelled speech, and overstep RICO’s limited grant of remedial authority. . .

By requiring Defendants to vilify themselves based on their past conduct, the district court’s statements impose an unnecessary, punitive sanction that cannot be squared with Section 1964(a)’s jurisdictional limitations or the due process prohibition against the imposition of criminal punishment in a civil setting.

END EXCERPT

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DOCKET for USA v. PHILIP MORRIS USA, et al Oct 31-Dec 31, 2014

January 9, 2015 12:10 am by Gene Borio

•10/31/2014 6129 ORDER denying 6117 the Motion for Reconsideration of Univision Communications Inc. inn Objection to the Consent Order Implementing Corrective Statements Remedy. Signed by Judge Gladys Kessler on 10/30/14. (CL, ) (Entered: 10/31/2014)

•11/24/2014 6130 Joint MOTION Regarding Order #1’s Preservation Requirement re 9 Order,,, filed by PHILIP MORRIS USA INC., ALTRIA GROUP, INC., R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO COMPANY, and filed by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Crane-Hirsch, Daniel) (Entered: 11/24/2014)

•11/26/2014 6131 ORDER #53-Remand granting 6130 the Parties’ Joint Motion Regarding Order #1’s Preservation Requirement (see Order for details). Signed by Judge Gladys Kessler on 11/26/14. (CL, ) (Entered: 11/26/2014)

•12/11/2014 6132 NOTICE OF WITHDRAWAL OF APPEARANCE as to R.J. REYNOLDS TOBACCO COMPANY. Attorney Robert Francis McDermott, Jr terminated. (ztnr, ) (Entered: 12/11/2014)

•12/15/2014 6133 NOTICE of Filing Certfication by REGENTS OF THE UNIVERSITY OF CALIFORNIA re 5953 Order, 5733 Order (Attachments: # 1 Exhibit Certification of Compliance with Order #27 Remand)(Leff, Peter) (Entered: 12/15/2014)

•12/15/2014 6134 NOTICE of Filing Certfication by REGENTS OF THE UNIVERSITY OF CALIFORNIA re 5733 Order (Attachments: # 1 Exhibit Certification of Compliance with Order #28 Remand)(Leff, Peter) (Entered: 12/15/2014)

•12/18/2014 6135 NOTICE of Removal of Document from the Minnesota Tobacco Document Depository by R.J. REYNOLDS TOBACCO COMPANY (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Francisco, Noel) (Entered: 12/18/2014)

20140929 APPELLANTS’ OPENING BRIEF

October 1, 2014 7:11 am by Gene Borio

20140929 APPELLANTS’ OPENING BRIEF

The PDF is Here

EXCERPT:

STATEMENT OF ISSUES

1. Whether the district court’s corrective statements violate the First Amendment and this Court’s 2009 mandate because they would compel Defendants to confess past misconduct and make assertions unsupported by the district court’s findings of fact, rather than provide purely factual and uncontroversial public-health information about Defendants’ products.

2. Whether the district court’s corrective statements violate RICO and this Court’s 2009 mandate because they are not geared toward “prevent[ing] and restrain[ing]” future RICO violations. 18 U.S.C. § 1964(a).

3. Whether the district court’s corrective statements violate due process because they impose criminal-like sanctions in a civil proceeding.

END EXCERPT

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Court of Appeals Docket for USA v. PHILIP MORRIS USA, et al Jul 30-Sep 29, 2014

October 1, 2014 6:57 am by Gene Borio

Court of Appeals DOCKET #: 13-5028 for USA v. PHILIP MORRIS USA, et al

EXCERPT:

09/29/2014 Open Document JOINT APPELLANT BRIEF [1514391] filed by Altria Group, Inc., Lorillard Tobacco Company, Philip Morris USA Inc. and R.J. Reynolds Tobacco Company in 13-5028, 14-5161 [Service Date: 09/29/2014 ] Length of Brief: 13,343 Words. [13-5028, 14-5161] (Estrada, Miguel)

END EXCERPT

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DOCKET for USA v. PHILIP MORRIS USA, et al Apr 4-Aug 13, 2014

September 30, 2014 11:19 am by Gene Borio

DOCKET for USA v. PHILIP MORRIS USA, et al Apr 4-Aug 13, 2014

EXCERPT:

08/13/2014 6128 REPLY to opposition to motion re 6120 Counter MOTION to ClarifyORDER #1015 AS TO NUMBER OF TV SPOTSCounter MOTION to Modify ORDER #1015 AS TO NUMBER OF TV SPOTS filed by UNITED STATES OF AMERICA. (Crane-Hirsch, Daniel) (Entered: 08/13/2014)

END EXCERPT

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DOCKET for USA v. PHILIP MORRIS USA, et al Jan 29-Mar 31, 2014

March 31, 2014 8:22 pm by Gene Borio

DOCKET for USA v. PHILIP MORRIS USA, et al Mar 31, 2014

EXCERPT:

02/04/2014 6044 AMICUS BRIEF by FOX BROADCASTING COMPANY.

02/04/2014 6045 AMICUS BRIEF by NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS, NATIONAL NEWSPAPER PUBLISHERS ASSOCIATION.

02/04/2014 6046 AMICUS BRIEF by NATIONAL ASSOCATION FOR THE ADVANCEMENT OF COLORED PEOPLE.

02/18/2014 6066 AMICUS BRIEF by VIACOM INC..

02/25/2014 6068 AMICUS BRIEF by A&E TELEVISION NETWORKS, LLC.

03/04/2014 6073 AMICUS BRIEF by UNIVISION COMMUNICATIONS INC.

03/04/2014 6074 AMICUS BRIEF by CW TELEVISION NETWORK. (Attachments: # 1 Declaration of John D. Maatta)

03/04/2014 6075 AMICUS BRIEF by INTERACTIVE ONE, LLC, RADIO ONE, INC., TV ONE, LLC.

03/11/2014 6077 AMICUS BRIEF by LITTLE ROCK SUN.

03/19/2014 6079 AMICUS BRIEF by TURNER BROADCASTING SYSTEM, INC..

END EXCERPT

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DOCKET for NYC v FedEx 12/30/13-3/31/14

March 31, 2014 12:42 pm by Gene Borio

DOCKET for NYC v FedEx 12/30/13-3/31/14

EXCERPT:

12/30/2013 1 COMPLAINT against Federal Express Corp., Fedex Ground Package System, Inc. (Filing Fee $ 350.00, Receipt Number 1084338)Document filed by The City of New York.(laq) (Entered: 01/07/2014)

12/30/2013 SUMMONS ISSUED as to Federal Express Corp., Fedex Group Package System, Inc. (laq) (Entered: 01/07/2014)

END EXCERPT

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THE CITY OF NEW YORK v. FEDEX: Amended Complaint 3/30/14

March 31, 2014 12:37 pm by Gene Borio

The PDF is Here

EXCERPT:

18. Plaintiffs seek in this action to: i) enjoin further deliveries of cigarettes into the City and State by FedEx; ii) require FedEx to submit to oversight by a court-appointed Special Master empowered to monitor FedEx’s tobacco deliveries and assure FedEx’s compliance with federal and state law governing tobacco deliveries; iii) recover damages under the CCTA and the PACT Act equal to the amount of each $15 tax stamp that should have been affixed to each carton of unstamped cigarettes that FedEx shipped, transported, and/or distributed in the City and the amount of each $15, $27.50 or $43.50 tax stamp that should have been affixed to each carton of unstamped cigarettes that FedEx shipped, transported and/or distributed in the State; iv) recover damages under RICO equal to three times the amount of each $15 tax stamp that should have been affixed to each carton of unstarnped cigarettes shipped, transported, or distributed in the City and three times the amount of each $15.00, $27.50 or $43.50 tax stamp that should have been affixed to each carton of unstamped cigarettes that FedEx shipped, transported, and/or distributed in the State; v) recover civil penalties under the CCTA, the PACT Act, and N.Y. PHL § 1399-Il; vi) recover penalties of $1000 per violation of the AOC; and vii) recover the attorney’s fees and costs incurred in bringing this action.

END EXCERPT

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VIACOM’s MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE (PDF)

January 28, 2014 10:38 am by Gene Borio

The PDF is Here

EXCERPT:

Viacom Inc. . . . hereby moves, on behalf of its television networks MTV®, MTV2®, VH1®, Comedy Central® and BET®, for leave to participate in this action as amicus curiae . . .

Viacom’s interest in this action is limited to the issue of the sufficiency, including the structure, of the remedies proposed. In this Court’s Opinion filed November 27, 2012, the Court made clear that the types of media Defendants used to convey commercial messages had “changed dramatically” since 2006. Television media has also changed dramatically in the fortythree years since Defendants broadcast their deceptive messages on television. The Proposed Consent Order does not reflect those changes.

As explained in Viacom’s brief, Viacom’s targeted networks may provide a more effective means than any of CBS, ABC, or NBC, for redressing Defendants’ conduct among young people, including Black young people—the demographics that were targeted by Defendants in their misleading advertising. For these reasons, and as explained more fully in its brief, Viacom respectfully requests that the Court (1) deny the motion for approval of the Proposed Consent order; (2) find that Viacom’s networks are appropriate vehicles for the Corrective Statements, and (3) direct the parties, with the assistance of the Special Master and with input from amici curiae including Viacom, to conduct a comprehensive inquiry into, inter alia, the distribution of the Corrective Statements to the target audiences, the quantity of advertisements that can be purchased on each such network for equivalent resources, and the days and times of the broadcast of the Corrective Statements to ensure the effective distribution of the corrective messages to the target audiences. In the alternative, Viacom requests that the Proposed Consent Order be amended to require that a portion of Defendants’ advertising “spend” be used to purchase spots on Viacom’s networks. Viacom believes this simple modification of the order as it currently stands will increase the probability that the Corrective Statements are transmitted to young people including young African Americans.

END EXCERPT

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