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Appeals Court: Gov't Can't Seek $280B From Tobacco
FoxNews ^ | 2/4/05 | Unknown

Posted on 02/04/2005 1:31:12 PM PST by Blood of Tyrants

A federal appeals court on Friday ruled that the Justice Department cannot force cigarette makers to pay up to $280 billion in past profits as part of its racketeering case against the industry.

The Court of Appeals for the District of Columbia ruled 2-1 that federal law does not provide for the monetary "disgorgement" penalty the government is seeking as part of the case that went to trial in September.

"We hold that the language of [the racketeering law] and the comprehensive remedial scheme of [the racketeering law] preclude disgorgement as a possible remedy in this case," the opinion of the majority said.

The decision strips the government of its most powerful weapon in the case.

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Government; Miscellaneous; News/Current Events
KEYWORDS: extortion; lawyers; pufflist; ruling; tobacco; trial
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To: Lexinom

I've never smoked and I agree totally with this decision. Along with some of the good recent state supreme court decisions on the firearms liability suits, this gives a small indication that some courts may be backing off from the idea of legislating from the bench. We need more strict constructionist judges. This decision is good for the whole economy and bodes ill for the obesity suits currently being filed against the food industry. If they can nail McDonald's, there's no legal barrier to them running any local restaurant out of business they may want to.


21 posted on 02/04/2005 2:33:39 PM PST by libstripper
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To: libstripper
If they can nail McDonald's, there's no legal barrier to them running any local restaurant out of business they may want to.

Next the entire beef industry. Next Budweiser. Next General Motors, Ford, Chrysler. I guess we need Big Brother looking out for us.

22 posted on 02/04/2005 3:21:38 PM PST by Lexinom
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To: Blood of Tyrants



WOO-HOO!


23 posted on 02/04/2005 3:59:37 PM PST by onyx ("First you look to God, then to Fox News" -- Denny Crane, Republican...lol.)
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To: Blood of Tyrants

lawyers-on-the-window-ledge bump!!!


24 posted on 02/04/2005 4:30:26 PM PST by thoughtomator (How do you say Berkeley California in Aramaic?)
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To: Howlin
What the government wanted was every penny the tobacco companies have made since they started selling cigarettes!

It's worse than that; they wanted every penny the tobacco companies ever took in (before expenses, taxes, et al), and then some.

25 posted on 02/04/2005 4:56:59 PM PST by steveegg (The secret goal of lieberals - to ensure that no future generation can possibly equal theirs.)
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To: Blood of Tyrants

This would have put the tobacco companies out of business and ended the nonsmokers tax reduction act of the century.


26 posted on 02/04/2005 7:35:42 PM PST by Raycpa
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To: Raycpa

If I were the tobacco companies, I would simply declare bankrupcy, move all tne machinery and operations out of country and refuse to ever do business in the U.S. again. Congress would probably try to pass a law making it illegal for them to declare bankrupcy or quite doing business in the U.S. Shades of "Atlas Shrugged" would do wonders to slap some sense into them.

Or maybe it wouldn't.


27 posted on 02/04/2005 8:12:50 PM PST by Blood of Tyrants (God is not a Republican. But Satan is definitely a Democrat.)
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To: Lexinom
(really feel sorry for cigarette smokers)...

We're not doing too bad.
Those of us who switched to rolling our own, that is.
28 posted on 02/04/2005 10:08:22 PM PST by RandallFlagg (Roll your own cigarettes! You'll save $$$ and smoke less!(Magnetic bumper stickers-click my name)
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To: RandallFlagg

That's right, forgot about that. When I still smoked cigarettes I did that for awhile too...


29 posted on 02/04/2005 11:12:10 PM PST by Lexinom
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To: steveegg

Good news indeed.


30 posted on 02/05/2005 5:25:43 AM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: Blood of Tyrants

very related:

Senate committee passes tort reform bill
THE WASHINGTON TIMES ^ | February 4, 2005 | Charles Hurt
Posted on 02/04/2005 9:46:09 AM PST by neverdem
http://www.freerepublic.com/focus/f-news/1336004/posts


31 posted on 02/05/2005 7:01:30 AM PST by SunkenCiv (Ted "Kids, I Sunk the Honey" Kennedy is just a drunk who's never held a job (or had to).)
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To: soccer_linux_mozilla; Lexinom; onyx; SheLion; Gabz; Servant of the Nine; Blood of Tyrants; ...
Most likely.

I'll have to ask my father about the specific amount, but I think that the excise taxes-three of them, if you happen to live in the five boroughs-are pushing the total price of a box of cigarettes to nearly ten dollars a pop.

32 posted on 02/06/2005 1:17:50 PM PST by Do not dub me shapka broham ("There is some sugar...It's harder in the case of fires. The tariffs are too high!")
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To: Do not dub me shapka broham
nearly ten dollars a pop.

That's insane.

$100 dollars for 10 packs? That's over the top!

33 posted on 02/06/2005 1:42:38 PM PST by SheLion (God bless our military members and keep them safe.)
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To: SheLion; Do not dub me shapka broham

I believe, at least in Manhattan, a pack of cigs tops $8........granted it's cheaper buying by the carton - but still.........that's utterly insane.


34 posted on 02/06/2005 1:47:47 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: SheLion; Gabz
Now they're trying to reach into people's pockets over the Internet.

Fortunately, their efforts have been unsuccessful-thus far-but expect them to continue trying to pilfer money from the pockets of working class citizens.

Pataki has been trying to abrogate Indian sovereignty treaties in order to fund more dubious boondoggles-admittedly, the idiotic school funding scheme was imposed upon him by judicial fiat-that the state legislature has been demanding.

The only reason they are doing this is because smokers are an easy target, and they don't have the gumption to make actual cuts in government spending directed at bloated, inefficient social programs and the public sector, almost exclusively unionized, bureaucracy.

35 posted on 02/06/2005 2:19:13 PM PST by Do not dub me shapka broham ("There is some sugar...It's harder in the case of fires. The tariffs are too high!")
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To: Do not dub me shapka broham
The only reason they are doing this is because smokers are an easy target, and they don't have the gumption to make actual cuts in government spending directed at bloated, inefficient social programs and the public sector, almost exclusively unionized, bureaucracy.

When they are too gutless to cut spending, they stick it to the smokers and claim it's for their own good.

36 posted on 02/06/2005 2:22:20 PM PST by SheLion (God bless our military members and keep them safe.)
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To: Do not dub me shapka broham

You're preaching to the choir.

When I left NYC in 1982, I had all intentions of returning........I'm now so thankful my life took me in another direction.


37 posted on 02/06/2005 5:03:39 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: SheLion; Do not dub me shapka broham

They're not too gutless to cut spending - they don't know how.

Governments are the addicts, not smokers. and that has nothing to do with tobacco tax revenues - it's just fact across the board.


38 posted on 02/06/2005 5:05:52 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: Gabz; SheLion; RandallFlagg
Besides, I don't even believe that "sin" taxes pass constitutional muster.

I mean, haven't these public officials ever heard of...THE SEPARATION OF CHURCH AND STATE???!!!

-good times, G.J.P.(Jr.)

39 posted on 02/06/2005 5:15:00 PM PST by Do not dub me shapka broham ("There is some sugar...It's harder in the case of fires. The tariffs are too high!")
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To: Do not dub me shapka broham

ROFLMPJO!!!!!!!!!!!!!!!!!!!!!!


40 posted on 02/06/2005 5:20:17 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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