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U.S. v. PHILIP MORRIS USA INC.

No. 15-5210.

840 F.3d 844 (2016)

UNITED STATES of America, United States Department of Justice, et al., Appellees v. PHILIP MORRIS USA INC., Formerly known as Philip Morris Incorporated, Appellee. R.J. Reynolds Tobacco Company, Appellant. 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 November 1, 2016.

Attorney(s) appearing for the Case

Jeffrey A. Mandell argued the cause for appellant. With him on the briefs were Noel Francisco and Peter J. Biersteker , Washington, DC. David M. Bernick , New York, NY, entered an appearance.

Lewis S. Yelin , Attorney, U.S. Department of Justice, argued the cause for appellee United States of America. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Mark B. Stern and Alisa B. Klein , Attorneys, Washington, DC. Melissa N. Patterson , Attorney, entered an appearance.

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

Before: Tatel, Circuit Judge, and Edwards and Sentelle, Senior Circuit Judges.

This is the latest appeal in the government's long-running RICO case against the nation's major cigarette manufacturers. Ten years ago, the district court issued a comprehensive remedial order, which included a requirement that defendants and their successors televise "corrective statements" about the dangers of smoking. Eight...

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