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Documents on Litigation, Tobacco
 

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HTMLTrial Court Erred by Excluding Defense Expert Testimony on Cigarette Smoking As Contributing to Plaintiff’s Lung Cancer
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 17, 2013, previously published on May 2013
Defendant/Appellant, the Wallace & Gale Settlement Trust (“Wallace & Gale”), appealed verdicts rendered against it by a jury sitting in the Circuit Court for Baltimore City, as to claims of survival and wrongful death in four cases consolidated for trial. One of the issues on...

 

HTMLTribal Manufacturer Loses Bid to Avoid Federal Excise Taxes Based on Treaty
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
In July 2012, the United States filed a complaint against King Mountain Tobacco, a manufacturer of cigarettes and roll-your-own cigarette tobacco, in the United States District Court for the Eastern District of Washington for unpaid federal tobacco excise taxes. The United States alleged that King...

 

HTMLThe America Invents Act: The Big Lesson Learned in the First Year
Michael A. Mann; Nexsen Pruet, LLC;
Legal Alert/Article
February 1, 2013, previously published on January 2013
Since the Smith-Leahy America Invents Act (AIA) was signed into law on September 16, 2011, a handful of court decisions have turned on provisions of the act. While the full significance of this legislation on patent jurisprudence is far from manifest, one provision of the new law is having a...

 

HTMLTobacco Companies Appeal Unsuccessful Challenge to Local Ordinances
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
February 1, 2013, previously published on January 29, 2013
Several tobacco companies have recently appealed a federal trial court’s decision to uphold two local ordinances that ban certain promotional discounts and severely restrict flavored tobacco products.

 

HTMLIdaho Supreme Court Considers Tribal Tobacco Dispute
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
February 1, 2013, previously published on January 29, 2013
A case currently pending before the Idaho Supreme Court could establish new precedent regarding a State’s authority to regulate tribal tobacco sales.

 

HTMLFDA Petitions D.C. Circuit for Rehearing on Cigarette Graphic Warnings
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
October 16, 2012, previously published on October 12, 2012
A few weeks ago, we posted on a decision by a divided three-judge panel of the D.C. Circuit Court of Appeals vacating FDA’s regulations that require graphic warnings on cigarette packages. FDA has now petitioned the D.C. Circuit Court of Appeals for rehearing and rehearing en banc.

 

HTMLD.C. Circuit Affirms District Court Decision Striking Down FDA Regulation Requiring Graphic Warnings on Cigarette Packages
Ricardo Carvajal, James P. Ellison; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
September 27, 2012
A divided three-judge panel of the D.C. Circuit affirmed U.S. District Judge Richard Leon’s grant of summary judgment to plaintiffs in R.J. Reynolds et al v. FDA et al.. In brief, Judge Leon had applied strict scrutiny to FDA’s regulation requiring the display on cigarette packages of...

 

HTMLAttorneys General Target Data Privacy
Andrew G. Beshear; Stites & Harbison, PLLC;
Legal Alert/Article
July 20, 2012, previously published on July 17, 2012
The tobacco litigation of the 1990s ushered in a new era of coordination between the nation’s attorneys general. Previously, these officials had operated individually, pursuing state specific goals and lawsuits. The success of the 1998 Master Settlement Agreement - changed the rules - and the...

 

HTMLD.C. District Court Strikes Down FDA Regulation Requiring Graphic Warnings on Cigarette Packages
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 2, 2012, previously published on March 2, 2012
Last November, we noted that FDA’s regulation requiring the display on cigarette packages of graphic warnings intended to dissuade would-be smokers appeared in jeopardy at the hands of U.S. District Judge Richard Leon in R.J. Reynolds et al v. FDA et al. In an opinion hewing closely to his...

 

HTMLTobacco Companies Sue FDA Over Graphic Warnings Rule
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 22, 2011, previously published on August 17, 2011
Earlier this week, a group of five tobacco companies (R.J. Reynolds Tobacco Company, Lorillard Tobacco Company, Commonwealth Brands, Inc., Liggett Group LLC, and Santa Fe Natural Tobacco Company, Inc.) filed a four-count Complaint against FDA in the U.S. District Court for the District of Columbia...

 


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