The State of New York is appealing a court order requiring it to return native-made cigarettes seized by the State. In the meantime, the State has declined to return the cigarettes that are the subject of the order.
Significant Cases
Court Dismisses Lawsuit Challenging D.C. Cigar Wrapper Ban
Posted in Significant Cases
Last year, we reported that National Tobacco Company (“NTC”), the nation’s fourth-largest producer of roll-your-own tobacco products, had filed a lawsuit against the District of Columbia challenging the constitutionality of the city’s ban on cigar wrappers. In the lawsuit, NTC sought a preliminary injunction to stop enforcement of the law.
General Tobacco MSA Challenge Rejected by Appellate Court
Posted in Significant Cases
Last month, the U.S. Court of Appeals for the Sixth Circuit rejected a challenge to the Master Settlement Agreement filed by General Tobacco against sixteen tobacco manufacturers and 52 Attorneys General.
Federal Appeals Court Affirms Tribal Sales Ban
Posted in Significant Cases
In late February, the 10th Circuit Court of Appeals affirmed a trial court’s decision allowing the Oklahoma Attorney General to enforce a new law banning tribal sales of cigarettes that are not included in the state’s directory of approved non-participating manufacturers.
Free Speech and Tobacco Regulation Go to Court in Rhode Island
Posted in Significant Cases
A number of tobacco trade associations and manufacturers have filed a federal lawsuit in the United States federal District Court in Rhode Island seeking a temporary restraining order and preliminary and permanent injunctions against the enforcement of two tobacco-related ordinances adopted on January 5, 2012, by the Providence, Rhode Island City Council.
Virginia House of Delegates Subcommittee Tables
Posted in Legislation, Significant Cases
Legislation introduced by Delegate Patrick Hope (D – Alexandria) last week, House Bill 160, was tabled by a subcommittee of the House of Delegate’s Finance Committee on Friday.
Philip Morris Ordered to Pay Oregon over $47 Million
Posted in Significant Cases
Ending a decade of appeals, last month, the Oregon Supreme Court ruled that Philip Morris must pay Oregon approximately $47.7 million of a $60 million punitive damages award made by a jury in March 1999.
New York City Ordinance Banning Sale of Flavored Smokeless Tobacco Upheld
Posted in Legislation, Significant Cases
Last month, a New York federal district judge upheld a New York City local ordinance that prohibits the sale of flavored smokeless tobacco anywhere in the city other than at existing “tobacco bars.”
Federal Judge Enjoins Tax Provisions of the PACT Act
Posted in Significant Cases
On December 5, 2011, the U.S. District Court for the District of Columbia issued a preliminary injunction blocking enforcement of the Prevent All Cigarette Trafficking Act’s (“PACT Act”) provisions which prohibit remote sales of cigarettes and smokeless tobacco unless the applicable state and local taxes are paid in advance.
Supreme Court Will Not Review Ruling in Arkansas MSA Dispute
Posted in Significant Cases
Last week, the U.S. Supreme Court declined a request by Vibo Corporation, Inc. d/b/a General Tobacco (“General Tobacco”) to review the Supreme Court of Arkansas’ decision upholding a lower’s court’s order that, among other things, directed General Tobacco to pay almost $300 million to satisfy an MSA backpayment obligation and refused to stay the proceedings pending arbitration ( the “Backpayment Decision”).