The Weakening of RICO’s Remedies Provision: Analysis of the Appeals Court’s Decision in USA v. Philip Morris USA, Inc., et al.
This white paper analyzes the equitable remedies provision of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as it was interpreted by both the trial and appeals courts in the Department of Justice’s civil RICO case against the major United States cigarette manufacturers. It demonstrates how the appeals court’s decision, which bound the trial court, […]
Potential Master Settlement Agreement Violations Evidenced in Judge Kessler’s Findings in USA v. Philip Morris USA, Inc., et al.
This practice guide examines the court’s lengthy 2006 decision in the U.S. Department of Justice’s racketeering suit against the major American cigarette manufacturers. It highlights the numerous actions of these manufacturers cited in that opinion that may constitute violations of the 1998 Master Settlement Agreement, and it calls for enforcement actions to remedy such violations. Potential […]
A Guide for Plaintiffs’ Attorneys: Using Findings and Resources from USA v. Philip Morris USA, Inc., et al. in Future Claims Against Big Tobacco
PHAI has published this practice guide to help plaintiffs’ attorneys understand the some of the value of the judge’s decision in the U.S. Department of Justice’s racketeering suit against the major American cigarette manufacturers for private practice. It highlights the ways in which attorneys may use this opinion in their future claims against “big tobacco” […]
PHAI Submits Brief on Behalf of AMA and others to U.S. Court of Appeals for DC Circuit in Tobacco Racketeering Appeal
PHAI Amicus Brief on Behalf ot the AMA and others in Appeal of RICO case: Last year, a federal judge found the tobacco industry liable for violating RICO, the federal anti-racketeering statute, in a case filed against the industry by the United States Government. An appeal is pending in the U.S Court of Appeals for […]
