EUROPEAN COMMUNITY, acting on its own behalf and on behalf of the Member States it has power to represent, Kingdom of Belgium, Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, Kingdom of Spain, Individually, Kingdom of Denmark, Czech Republic, Republic of Lithuania, Republic of Slovenia, Republic of Malta, Republic of Hungary, Republic of Ireland, Republic of Estonia, Republic of Bulgaria, Republic of Latvia, Republic of Poland, Republic of Austria, Kingdom of Sweden, Republic of Cyprus, Slovak Republic, and Romania, Plaintiff-Appellants,
v.
RJR NABISCO, INC., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., f/k/a Nabisco Group Holdings Corp., RJR Nabisco Holdings Corp., R.J. Reynolds Tobacco Holdings, Inc., Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., Reynolds American Inc., R.J. Reynolds Tobacco Company, a North Carolina Corporation, Defendant-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: February 24, 2012.
Decided: April 23, 2014.
Corrected: April 29, 2014.
Amended: August 20, 2014.
Attorney(s) appearing for the Case
John J. Halloran, Jr. , Speiser, Krause, Nolan & Granito, New York, N.Y. ( Kevin A. Malone , Carlos A. Acevedo , Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee, P.A., Fort Lauderdale, Fla., on the brief), for Plaintiff-Appellants.
Lewis S. Yelin , Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C. ( Harold Hongju Koh , Legal Advisor, Department of State, Washington, D.C.; Tony West , Assistant Attorney General, Civil Division, Department of Justice, Washington, D.C.; Loretta E. Lynch , United States Attorney for the Eastern District of New York, New York, N.Y., Douglas N. Letter , Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., on the brief), for Amicus Curiae United States of America in support of neither party.
Before: LEVAL, SACK, HALL, Circuit Judges.
United States Court of Appeals, Second Circuit.
Leval, Circuit Judge:
This is the latest installment in litigation brought by the European Community and twenty-six of its member states1 (collectively "Plaintiffs") against RJR Nabisco, Inc., and related entities (collectively "RJR").2 Plaintiffs appeal from the dismissal of their Second Amended Complaint (the "Complaint") by the United States District Court for the Eastern District of New York (Garaufis,...
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