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The Weakening of RICO’s Remedies Provision: Analysis of the Appeals Court’s Decision in USA v. Philip Morris USA, Inc., et al.

Publications, Tobacco /

This white paper analyzes the equitable remedies provision of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as it was interpreted by both the trial and appeals courts in the Department of Justice’s civil RICO case against the major United States cigarette manufacturers. It demonstrates how the appeals court’s decision, which bound the trial court, […]

The Weakening of RICO’s Remedies Provision: Analysis of the Appeals Court’s Decision in USA v. Philip Morris USA, Inc., et al. Read More »

Potential Master Settlement Agreement Violations Evidenced in Judge Kessler’s Findings in USA v. Philip Morris USA, Inc., et al.

Publications, Tobacco /

This practice guide examines the court\’s lengthy 2006 decision in the U.S. Department of Justice\’s racketeering suit against the major American cigarette manufacturers.  It highlights the numerous actions of these manufacturers cited in that opinion that may constitute violations of the 1998 Master Settlement Agreement, and it calls for enforcement actions to remedy such violations. Potential

Potential Master Settlement Agreement Violations Evidenced in Judge Kessler’s Findings in USA v. Philip Morris USA, Inc., et al. Read More »

A Guide for Plaintiffs’ Attorneys: Using Findings and Resources from USA v. Philip Morris USA, Inc., et al. in Future Claims Against Big Tobacco

Publications, Tobacco /

PHAI has published this practice guide to help plaintiffs’ attorneys understand some of the value of the judge\’s decision in the U.S. Department of Justice\’s racketeering suit against the major American cigarette manufacturers for private practice. It highlights how attorneys may use this opinion in their future claims against “big tobacco” while pointing out areas

A Guide for Plaintiffs’ Attorneys: Using Findings and Resources from USA v. Philip Morris USA, Inc., et al. in Future Claims Against Big Tobacco Read More »

PHAI Submits Brief on Behalf of AMA and others to U.S. Court of Appeals for DC Circuit in Tobacco Racketeering Appeal

Legal Filings, Tobacco /

PHAI Amicus Brief on Behalf of the AMA and others in Appeal of RICO case: Last year, a federal judge found the tobacco industry liable for violating RICO, the federal anti-racketeering statute, in a case filed against the industry by the United States Government. An appeal is pending in the U.S Court of Appeals for

PHAI Submits Brief on Behalf of AMA and others to U.S. Court of Appeals for DC Circuit in Tobacco Racketeering Appeal Read More »

Industry Controls Over Food Marketing To Young Children: Are They Effective?

Foodbeverage Marketing, Publications /

By Ben Kelley The U.S. food and advertising industries maintain a system of self-regulation of marketing messages promoting the purchase and consumption of high-calorie, low-nutrition foods to children. This paper presents an extensive review and summary of global assessments of self-regulation in general, as well as of commentaries specifically addressing the world-wide state of regulation directed at food

Industry Controls Over Food Marketing To Young Children: Are They Effective? Read More »