HEALTHIER CHOICES MGMT. CORP. v. PHILIP MORRIS USA

2022-1268 2022-1563.

65 F.4th 667 (2023)

HEALTHIER CHOICES MANAGEMENT CORP., Plaintiff-Appellant v. PHILIP MORRIS USA, INC., Philip Morris Products S.A., Defendants-Appellees. Healthier Choices Management Corp., Plaintiff-Appellant v. Philip Morris USA, Inc., Philip Morris Products S.A., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: April 12, 2023.


Attorney(s) appearing for the Case

Barry P. Golob , Cozen O'Connor P.C., Washington, DC, argued for plaintiff-appellant. Also represented by Thomas Fisher .

Maximilian A. Grant , Latham & Watkins LLP, Washington, DC, argued for all defendants-appellees. Defendant-appellee Philip Morris Products S.A. also represented by Gabriel K. Bell , David Zucker ; Richard Gregory Frenkel , Menlo Park, CA.

Adam Banks , Weil, Gotshal & Manges LLP, New York, NY, for defendant-appellee Philip Morris USA, Inc. Also represented by Elizabeth Weiswasser ; William Sutton Ansley , Washington, DC; Mark Pinkert , Miami, FL.

Before Taranto, Stoll, and Cunningham, Circuit Judges.


In these combined appeals, Healthier Choices Management Corp. challenges the district court's (1) dismissal of its original complaint, (2) denial of its motion for leave to amend its complaint, and (3) grant of attorneys' fees. For the reasons below, we reverse the district court's dismissal of the original complaint and denial...

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