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Documents on Appellate Practice, Tobacco
 

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HTMLCourt of Appeals Upholds New York City Flavor Ban
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
On February 26, 2013, the United States Court of Appeals for the Second Circuit affirmed the Southern District of New York’s ruling upholding a New York City local ordinance that prohibits the sale of flavored tobacco products, including smokeless tobacco, anywhere in the city other than at...

 

Adobe PDFBrief of the Appellant in City of Kansas City v. Carlson, 292 S.W.3d 368 (Mo. App. W.D. 2009)
Jonathan Sternberg; Jonathan Sternberg, Attorney, P.C.;
Court Document
November 19, 2012
Brief of the appellant in conflict-of-laws challenge to municipal smoking ban ordinances in Missouri before the Missouri Court of Appeals, Western District. The case questioned whether Missouri's existing statewide smoking law, which allowed taverns to make nonsmoking areas unavailable indoors,...

 

Adobe PDFReply Brief of the Appellant in City of Kansas City v. Carlson, 292 S.W.3d 368 (Mo. App. W.D. 2009)
Jonathan Sternberg; Jonathan Sternberg, Attorney, P.C.;
Court Document
November 19, 2012
Reply brief of the appellant in conflict-of-laws challenge to municipal smoking ban ordinances in Missouri before the Missouri Court of Appeals, Western District. The case questioned whether Missouri's existing statewide smoking law, which allowed taverns to make nonsmoking areas unavailable...

 

HTMLFlorida Trial Court Erred in Not Allowing Evidence of Plaintiff’s Asbestos Exposure in Tobacco Case
Daniel A. Garcia, Craig T. Liljestrand; Hinshaw & Culbertson LLP;
Legal Alert/Article
July 20, 2012, previously published on July 17, 2012
The Florida First District Court of Appeal recently reversed and remanded a tobacco case for a new trial opining that the trial court improperly disallowed evidence of asbestos exposure. R.J. Reynolds Tobacco Company v. Mack, 2012 WL 2122305 (June 13, 2012). The case involved a long-time smoker...

 

Adobe PDFUK Competition Law: Competition Appeal Tribunal Quashes OFT Decision on Tobacco Price Fixing Cartel: Smoke Without Fire
Juan A. Rodriguez; Sullivan & Cromwell LLP;
Legal Alert/Article
December 22, 2011, previously published on December 16, 2011
On December 12, 2011, the UK Competition Appeal Tribunal quashed a decision by the Office of Fair Trading to impose a fine of £112.3 million on Imperial Tobacco Group Plc for allegedly being part of a price fixing cartel for tobacco products sold in the UK. However, this was not a classic situation...

 

HTMLUK Appeal Tribunal Overturns Landmark Competition Decision
Becket McGrath; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 15, 2011, previously published on December 13, 2011
On 12 December, the UK Competition Appeal Tribunal ('CAT') confirmed that it would allow all appeals against a decision of the Office of Fair Trading ('OFT') concerning pricing arrangements for the retail sale of tobacco products. This judgment follows the effective collapse of the OFT's case...

 

HTMLSupreme Court Decides Hemi Group, LLC v. City of New York
Aaron D. Van Oort, Marie E. Williams; Faegre & Benson LLP;
Legal Alert/Article
February 3, 2010, previously published on January 25, 2010
On January 25, the Supreme Court decided Hemi Group, LLC v. City of New York, No. 08-969, holding that the City of New York could not state a claim under RICO against an out-of-state cigarette seller based on its failure to comply with the Jenkins Act's reporting requirements. No opinion commanded...

 

Adobe PDFCalifornia Supreme Court Issues Watershed Decision Relaxing Standing and Liability Requirements under California's Unfair Competition Law
Arnold & Porter LLP;
Legal Alert/Article
June 17, 2009, previously published on May 2009
In a highly-anticipated ruling that may have significant negative consequences for companies doing business in California, the California Supreme Court issued its decision on May 18, 2009 in In re Tobacco II Cases. www.arnoldporter.com

 

HTMLU.S. Supreme Court Dismisses Appeal of Oregon Tobacco Punitive Damages Award
Lori Irish Bauman; Ater Wynne LLP;
Legal Alert/Article
April 7, 2009, previously published on March 31, 2009
Mayola Williams' products liability case has completed its third journey to the U.S. Supreme Court, as the Court today dismissed Philip Morris' appeal of a $79.5 million punitive damages award.

 

HTMLHigh Court Green-Lights "Light" Cigarette Cases
Manatt, Phelps & Phillips, LLP;
Legal Alert/Article
February 5, 2009, previously published on January 8, 2009
The Supreme Court has opened the door to a new wave of tobacco litigation, finding that smokers could sue cigarette makers for allegedly deceiving them about the dangers of "light" cigarettes.

 


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