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HTMLCourt Says First Amendment Bars Enforcement of FDA Graphic Cigarette Warning Rules
Tracy P. Marshall, Sheila A. Millar, Crystal N. Skelton; Keller and Heckman LLP;
Legal Alert/Article
November 11, 2011, previously published on November 10, 2011
In an important First Amendment decision, on November 7, 2011, the U.S. District Court for the District of Columbia issued a preliminary injunction enjoining enforcement of a U.S. Food and Drug Administration ("FDA") rule requiring tobacco companies to display graphic images on cigarette...

 

HTMLJudge Leon Grants Preliminary Injunction- FDA’s Final Rule Requiring Graphic Warnings on Cigarette Packages Appears in Jeopardy
David B. Clissold; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
November 11, 2011, previously published on November 8, 2011
As we previously reported, 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 complaint against FDA in the U.S. District Court for the District of Columbia...

 

HTMLPathways to Market for New Tobacco Products Begin to Take Shape
Ricardo Carvajal, David B. Clissold; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
October 6, 2011, previously published on October 5, 2011
FDA issued two draft guidance documents that set out the agency’s thinking with respect to new tobacco products and the requirement to either demonstrate substantial equivalence under FDC Act § 905(j) or secure premarket approval under § 910.

 

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...

 

HTMLFTC: Sales, Advertising, and Promotion Decline for Cigarettes, Increase for Smokeless Tobacco
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 11, 2011, previously published on August 2, 2011
The Federal Trade Commission ("FTC") issued the latest in a series of reports on sales, advertising, and promotion of cigarettes and smokeless tobacco. The reports are based on data submitted to FTC by industry. The cigarette report states that the “total number of cigarettes...

 

HTMLStarting The Statute Of Limitations Clock In California Becomes More Difficult In Certain Toxic Tort Cases
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
Legal Alert/Article
June 21, 2011, previously published on June 17, 2011
The California Supreme Court recently decided that claims arising from separate injuries caused by the same wrongdoing may accrue on different dates according to when the plaintiff discovered each injury. Pooshs v. Philip Morris USA, INC., 51 Cal.4th 788 (Cal. 2011).

 

HTMLTherasense: Federal Circuit Changes Materiality Standard in Attempt to Cure "Plague" of Inequitable Conduct Cases
James Moore Bollinger, Daniel A. Ladow, Jeffrey C. Morgan, Douglas "Doug" D. Salyers, Trenton A. Ward, Dustin B. Weeks; Troutman Sanders LLP;
Legal Alert/Article
June 2, 2011, previously published on May 31, 2011
To prove that an applicant for a patent committed inequitable conduct in obtaining its patent, a party making that charge must prove, by clear and convincing evidence, both: (1) the materiality of the withheld prior art reference, and (2) that the applicant withheld the prior art with an intent to...

 

HTMLAlliance One and Universal Corp Settle DOJ, SEC Charges; Former Country Manager of Alliance One Pleads Guilty
Raymond Banoun; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 31, 2010, previously published on August 16, 2010
On August 6, 2010, two subsidiaries of Alliance One International ("Alliance One") and a subsidiary of Universal Corporation ("Universal") agreed to plead guilty to FCPA-related criminal charges while the parent entities entered into non-prosecution agreements with the...

 

HTMLLocal Ordinance that Suspends a Tobacco Sales License for Selling Tobacco to Minors is Not Preempted by State Law
Mona Ebrahimi; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
July 23, 2010, previously published on July 09, 2010
In Prime Gas, Inc. v. City of Sacramento, (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., May 13, 2010), a California Court of Appeal considered whether a city ordinance that suspended or revoked a retailer’s license to sell tobacco, if the retailer was found selling tobacco to minors, was preempted...

 

HTMLOregon Supreme Court Takes Away $100 Million in Punitive Damages Due to Flawed Jury Instruction
Lori Irish Bauman; Ater Wynne LLP;
Legal Alert/Article
July 6, 2010, previously published on June 27, 2010
When the US Supreme Court decided Williams v. Philip Morris in 2007, it created a challenge for judges instructing juries on punitive damages. The Due Process Clause prevents a jury from imposing punitive damages to punish a defendant directly for harm it causes to non-parties. But a jury can...

 


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