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U.S. v. PHILIP MORRIS USA INC.

No. 16-5101 Consolidated with 16-5127.

855 F.3d 321 (2017)

UNITED STATES of America, United States Department of Justice, et al., Appellees v. PHILIP MORRIS USA INC., formerly known as Philip Morris Incorporated, et al., Appellants. Brown & Williamson Tobacco Corporation, directly and as successor by merger to American Tobacco Company, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 2017.

Attorney(s) appearing for the Case

Michael A. Carvin , Washington, DC, argued the cause for appellants. On the briefs were Noel J. Francisco , Peter J. Biersteker , Miguel A. Estrada , Amir C. Tayrani , Washington, DC, Jeffrey A. Mandell , and Robert J. Brookhiser Jr.

Melissa N. Patterson , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Mark B. Stern and Alisa B. Klein , Attorneys.

Eric R. Glitzenstein , Washington, DC, argued the cause for appellees Tobacco-Free Kids Action Fund, et al. With him on the brief was Katherine A. Meyer , Washington, DC.

Before: Brown, Circuit Judge, and Sentelle and Randolph, Senior Circuit Judges.

In 2006, the district court found that Appellant cigarette manufacturers had for decades conspired to deny the health effects of smoking in violation of RICO. United States v. Philip Morris USA, Inc., 449 F.Supp.2d 1 (D.D.C. 2006) ("Liability Opinion"). As a...

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