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COM. EX REL. FISHER v. PHILIP MORRIS, INC.

4 A.3d 749 (2010)

COMMONWEALTH of Pennsylvania By Michael FISHER, in his official capacity as Attorney General of the Commonwealth of Pennsylvania v. PHILIP MORRIS, INC.; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; B.A.T. Industries, P.L.C.; The American Tobacco Company, Inc. c/c Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company; Liggett Group, Inc.; United States Tobacco Company; the Tobacco Institute, Inc.; The Council for Tobacco Research-U.S.A., Inc.; Smokeless Tobacco Council Inc.; and Hill and Knowlton, Inc. Appeal of: R.J. Reynolds Tobacco Company.

Commonwealth Court of Pennsylvania.

Decided August 17, 2010.

Reargument Denied October 13, 2010.

Attorney(s) appearing for the Case

David T. Miller , Carlisle, for appellant.

Carly J. Wismer , Deputy Attorney General, Joel M. Ressler , Chief Deputy Attorney General, and Alexis L. Barbieri , Executive Deputy Attorney General, Harrisburg, for appellee, Commonwealth of Pennsylvania.

BEFORE: PELLEGRINI, Judge, and McCULLOUGH, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge PELLEGRINI.

R.J. Reynolds Tobacco Company (Reynolds) appeals from an order of the Court of Common Pleas for Philadelphia County (trial court) finding it violated the Tobacco Master Settlement Agreement and was in contempt of court for violation of the Consent Decree because it used cartoons in the promotion and advertising of its tobacco products. Because the trial court erred in determining Reynolds was liable...

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