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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.

 

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...

 

HTMLReintroduction of the PST
Stephen Rukavina; Miller Thomson LLP;
Legal Alert/Article
December 12, 2012, previously published on December 2012
On April Fools' Day, the joke will be on British Columbia ("BC"). That is because the Provincial Sales Tax ("PST") will be reintroduced, replacing the Harmonized Sales Tax ("HST"). A majority of voters chose to scrap the HST in the provincial HST referendum held in the...

 

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...

 

Adobe PDFExecution of a Decision of a Foreign State Court (Republic of Macedonia)
Aleksandar T. Pulejkov; Aleksandar T.Pulejkov Law Enforcement Agency (Macedonia);
Presentation
October 16, 2012
Recognition and execution of a decision of a foreign Court(Macedonia) International private law;Law on Enforcement;Republic of Macedonia

 

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...

 

Adobe PDFImperial Tobacco Canada Smokes Marlboros
Brian W. Gray, Adam Haller; Norton Rose Canada LLP;
Legal Alert/Article
August 9, 2012, previously published on August 2012
The recent decision by the Federal Court of Appeal in a trade-mark dispute between Imperial Tobacco Canada Limited (“ITL”) and Philip Morris Products S.A. (“PM”) raises complicated legal issues regarding trade-mark infringement and the defences thereto arising from a unique...

 

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...

 


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