In the federal tobacco suit (Jun. 21, Jun. 13), the government has asked the Supreme Court to overrule the D.C. Circuit and give the government the legal authority to pursue $280 billion in a disgorgement remedy. There’s very little chance the Court will take the interlocutory appeal. (Eric Lichtblau, “U.S. Seeks Higher Damages in Tobacco Industry Suit”, NY Times, Jul. 19); SCOTUSblog, Jul. 18; certiorari petition). Meanwhile, Judge Gladys Kessler has taken the unusual (and questionable) step of permitting “public-interest” groups to intervene in the case and take over the government’s argument for damages, which is perhaps a clue where she stands on the litigation, leaving open the question of whether the D.C. Circuit will countenance the result. (Mark Kaufman, “A Late Twist in the Tobacco Case”, Washington Post, Jul. 23; motion to intervene).
Federal tobacco suit update
In the federal tobacco suit (Jun. 21, Jun. 13), the government has asked the Supreme Court to overrule the D.C. Circuit and give the government the legal authority to pursue $280 billion in a disgorgement remedy. There’s very little chance the Court will take the interlocutory appeal. (Eric Lichtblau, “U.S. Seeks Higher Damages in Tobacco […]
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