U.S. v. PHILIP MORRIS USA INC.

No. 11-5145.

686 F.3d 832 (2012)

UNITED STATES of America, Appellee v. PHILIP MORRIS USA INC., et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 2012.


Attorney(s) appearing for the Case

Miguel A. Estrada argued the cause for appellants. With him on the briefs were Amir C. Tayrani , Dace C. Martinez , Robert F. McDermott , Peter J. Biersteker , Noel J. Francisco , R. Michael Leonard , Michael B. Minton , Bruce D. Ryder , A. Elizabeth Blackwell , Beth A. Wilkinson , and Thomas J. Frederick .

Daniel J. Popeo and Richard A. Samp were on the brief for amicus curiae Washington Legal Foundation in support of appellants.

Sarang Vijay Damle , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Michael F. Hertz , Deputy Assistant Attorney General, and Mark B. Stern and Alisa B. Klein , Attorneys. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Katherine A. Meyer and Howard M. Crystal were on the brief for appellees Tobacco Free Kids Action Fund, et al.

Opinion for the Court by Circuit Judge BROWN.


BROWN, Circuit Judge:

In this latest round in the Government's heavyweight bout against the tobacco industry, the defendant cigarette manufacturers challenge the district court's refusal to vacate injunctions imposed in 2009. Because the district court's ruling survives our review, we give this round to the Government.

I

Thirteen years ago, the Government sued several cigarette manufacturers and related industry organizations for civil violations...

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