New York Times
(06/28/2010) Duff Wilson
The milestone racketeering verdict against cigarette companies will not be reviewed by the United States Supreme Court, according to a decision to deny a writ of certiorari which was issued without comment June 28, 2010.
The decision appealed by both sides of the suit, tobacco companies and the U.S. Department of Justice, was ordered in 2006 by United States District Court for the District of Columbia Judge Gladys Kessler. In appealing to the Supreme Court, the last option available for the case, tobacco companies sought to overturn a civil racketeering judgment on free speech grounds. Conversely, the federal government appealed to force tobacco companies to return up to $280 billion in profits from advertising campaigns which were judged to be untruthful about the health risks associated with smoking.
The decision comes as a relief to tobacco investors, according to Thilo Wrede, an industry analyst for Credit Suisse; “If the decision would have been the other way, you would have seen a headline saying a $280 billion case is open again.”
Antismoking advocates’ reactions to the denial are mixed, says Edward L. Sweda, a senior lawyer with the Tobacco Products Liability Project. “Obviously we’re disappointed, because we would have liked to force the companies to disgorge their ill-gotten gains… but we’re delighted with the upholding of the judge’s basic finding that the major tobacco companies are in fact adjudicated racketeers. Now that is established historical fact.”
While portions of Judge Kessler’s 2006 ruling have been subsequently imposed through federal legislation, the case will now return to her court in order to discern remedies other than disgorgement, such as possible corrective advertising.
[Editor’s Note: The appealed decision is United States v. Philip Morris USA, Inc., 449 F. Supp. 2d 1 (D.D.C. 2006) and is available at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?1999cv2496-5732.]
Thank You National Apartment Association. I will do my best to get this very important information out ASAP to numerous owners, investors, huge property management companies (e.g., Riverstone Residential), attorneys, and judges, AND, of course, to the MANY people who are currently living in MOLD-INFESTED APARTMENT COMPLEXES right now! katy
Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry
“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer
Information about Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Jefferson Lakes Apartments in Baton Rouge, Louisiana allowing tenants to be exposed to extreme amounts of toxins from molds by intentionally concealing evidence
Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in