THE EUROPEAN COMMUNITY, Acting on its own behalf and on behalf of the Member States it has power to represent, and the 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, and Kingdom of Spain, Individually, Plaintiffs-Appellants,
v.
RJR NABISCO, INC., R.J. Reynolds Tobacco Co., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., f/k/a Nabisco Group Holdings Corp. and R.J. Reynolds Tobacco Holdings, Inc., Philip Morris International, Inc., Philip Morris Companies, Inc., Philip Morris Incorporated, d/b/a Philip Morris Products, Inc., and Philip Morris Duty Free, Inc., Defendants-Appellees.
Department of Amazonas, Department of Antioquia, Department of Atlantico, Department of Bolivar, Department of Caqueta, Department of Casanare, Department of Cesar, Department of Choco, Department of Cordoba, Department of Cundinamarca, Department of Huila, Department of La Guajira, Department of Magdalena, Department of Meta, Department of Narino, Department of Norte De Santander, Department of Putumayo, Department of Quindio, Department of Risaralda, Department of Santader, Department of Sucre, Department of Tolima, Department of Valle Del Cauca, Department of Vaupes and Santa Fe De Bogota, Capital District, Plaintiffs-Appellants,
v.
Philip Morris Companies, Inc., Philip Morris Incorporated, d/b/a Philip Morris Products, Inc., Philip Morris Latin America Sales Corporation, Philip Morris Duty Free, Inc., British American Tobacco (Investments) Ltd., B.A.T. Industries, P.L.C., Brown & Williamson Tobacco Corporation, USA; Batus Tobacco Services, Inc. and British American Tobacco (South America) Ltd., Defendants-Appellees.
The European Community, Acting on its own behalf and on behalf of the Member States it has power to represent, and the 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, and Kingdom of Spain, Individually, Plaintiffs-Appellants,
v.
Japan Tobacco, Inc., JT International Manufacturing America, Inc., JTI Duty-Free USA, Inc., JT International S.A., Japan Tobacco International U.S.A., Inc. and Premier Brands, Ltd., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 29, 2003.
Decided: January 14, 2004.
Attorney(s) appearing for the Case
Kevin A. Malone, Krupnick, Campbell, Malone, Buser, Slama, Hancock, Liberman & McKee, P.A. (Speiser, Krause, Nolan & Granito, New York, NY, on the brief), Fort Lauderdale, FL, for Plaintiffs-Appellants.
Murray R. Garnick, Amold & Porter (Robert Weiner, Anthony J. Franze, Sheila B. Scheuerman, on the brief), Washington, D.C., for Defendants-Appellees Philip Morris Companies Inc., Philip Morris Incorporated, Philip Morris International Inc., Philip Morris Products Inc., Philip Morris Latin America Sales Corporation, and Philip Morris Duty Free Inc.
Ronald S. Rolfe, Cravath, Swaine & Moore LLP (Gary A. Bornstein, on the brief), New York, NY, for Defendants-Appellees British American Tobacco (Investments) Limited, and British American Tobacco (South America) Limited.
David M. Bernick, Kirkland & Ellis LLP (Jonathan C. Bunge, Christopher Turner, on the brief), Chicago, IL, for Defendants-Appellees Brown & Williamson Tobacco Corporation, and BATUS Tobacco Services, Inc.
Mary Elizabeth McGarry, Simpson Thacher & Bartlett LLP, New York, NY, for Defendant-Appellee B.A.T. Industries P.L.C.
C. Stephen Heard, Jr., Sullivan & Heard LLP (Charles Sullivan, Andrew McNeela, on the brief), New York, NY, for Defendant-Appellee R.J. Reynolds Tobacco International, Inc.
Jeffrey S. Sutton, Jones Day (William T. Plesec, Timothy J. Finn, on the brief), Columbus, OH, for Defendants-Appellees R.J. Reynolds Tobacco Holdings, Inc., R.J. Reynolds Tobacco Company, and RJR Acquisition Corp.
Lawrence Berger, Garden City, NY, for Amicus Curiae Federal Law Enforcement Officers Association.
Stephen P. Younger, Patterson, Belknap, Webb & Tyler LLP (David F. Dobbins and Julie A. Weiner, of counsel), New York, NY, for Amicus Curiae World Health Organization.
David A. Bono, Harkins Cunningham (Neill C. Kling, on the brief), Washington, D.C., for Amicus Curiae National Center for Tobacco-Free Kids.
Before: OAKES, CALABRESI, and SOTOMAYOR, Circuit Judges.
United States Court of Appeals, Second Circuit.
SOTOMAYOR, Circuit Judge.
Plaintiffs-appellants are the European Community ("EC") and various of its member states (collectively, the "EC plaintiffs"), as well as certain Departments of the nation of Colombia (the "Departments of Colombia," and collectively with the EC plaintiffs, "plaintiffs").1 They appeal from the judgment of the United States District Court for the Eastern District of New...
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