Recent Posts

Alaska Supreme Court Says Tobacco Penalties Don't Violate Due Process
Posted on 25 Jul 2012 by Mealeys

ANCHORAGE, Alaska - Saying a 2007 amendment to state law governing tobacco sales to minors addresses due process concerns by creating a rebuttable presumption of negligence when an employee is found guilty of such sales, the Alaska Supreme Court on July... Read More

9th Circuit: Sherman Act Doesn't Preempt, Nor Does Pact Waive, Tribal Sovereignty
Posted on 14 Nov 2012 by Mealeys

SEATTLE - Antitrust laws do not preempt and a cigarette tax collection agreement between a Native American tribe and the State of Washington does not waive the tribe's sovereign immunity, the Ninth Circuit U.S. Court of Appeals held Nov. 13, affirming... Read More

Bankrupt OSG Seeks Injunction Prohibiting Asbestos Claims;
Posted on 26 Apr 2013 by Mealeys

WILMINGTON, Del. - Bankrupt Overseas Shipholding Group (OSG) on April 25 filed a complaint in the U.S. Bankruptcy Court for the District of Delaware seeking a ruling that lawsuits against the company related to asbestos exposure are stayed pending bankruptcy... Read More

1st Circuit Affirms That Civil Fines Against Debtor Are Administrative Expenses
Posted on 21 Nov 2013 by Mealeys

BOSTON - A panel of the First Circuit U.S. Court of Appeals on Nov. 20 affirmed a ruling that treated environmental fines against a debtor company as administrative expenses in the bankruptcy proceeding (Munces' Superior Petroleum Products Inc. v... Read More

Bankrupt OSG Says Asbestos Claims Were Dismissed Prior Petition Filing Date
Posted on 6 Jan 2014 by Mealeys

WILMINGTON, Del. - Bankrupt Overseas Shipholding Group Inc. (OSG) on Jan. 3 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to asbestos claims filed against the bankruptcy estate on grounds that they were dismissed prior... Read More

Judge: 'Newport' Smokes Infringe On Lorillard's Newport Menthol Brand
Posted on 10 Aug 2012 by Mealeys

RICHMOND, Va. - A putative synthetic marijuana product marketed as "Newprot" infringes on the manufacturer of Newport brand menthol cigarettes, a Virginia federal judge said Aug. 7 in an opinion that awarded the tobacco company attorney fees... Read More

Bankruptcy Judge Rejects Barclays' Fee Enhancement For Work On ASARCO Case
Posted on 4 Jun 2013 by Mealeys

CORPUS CHRISTI, Texas - Barclays Capital Inc. was adequately compensated for the 14 months of financial advisory services it provided in ASARCO LLC's bankruptcy case and is not entitled to a fee enhancement because Barclays should have anticipated... Read More

Alleged Smugglers Enjoined From Selling Cigarettes In New York
Posted on 24 May 2013 by Mealeys

NEW YORK - A couple suspected of bringing untaxed cigarettes into New York from a Native American reservation have been preliminarily enjoined against the alleged activity by a New York federal judge, who also denied their motion to dismiss in a May 21... Read More

Rolling Paper Maker Wins Injunction Against Alleged Infringement
Posted on 24 Jan 2014 by Mealeys

CHICAGO - The nation's largest manufacturer of roll-your-own cigarette products obtained an injunction and summary judgment on infringement claims Jan. 22 in Illinois federal court against convenience stores it alleged distributed counterfeit versions... Read More

Delaware Federal Judge Amends Ruling But Still Confirms Grace's Chapter 11 Plan
Posted on 12 Jun 2012 by Mealeys

WILMINGTON, Del. - A Delaware federal judge on June 11 granted requests to rehear arguments and alter his opinion confirming W.R. Grace & Co.'s Chapter 11 plan of reorganization and then filed an amended 228-page confirmation decision that also... Read More

Delaware Federal Judge Denies Stay Of Bankrupt Company's Reorganization
Posted on 2 Jul 2012 by Mealeys

WILMINGTON, Del. - Bankrupt asbestos products company Garlock Sealing Technologies LLC failed to show that its appeal of the confirmation of W.R. Grace & Co.'s Chapter 11 plan of reorganization is likely to succeed, and delaying implementation... Read More

New Hampshire Supreme Court Vacates Light Cigarette Class
Posted on 22 Aug 2012 by Mealeys

CONCORD, N.H. - Saying sufficient public information existed to call into question whether plaintiffs were uniformly unaware that light cigarettes were as dangerous as regular ones, the New Hampshire Supreme Court on Aug. 21 vacated certification of a... Read More

Panel Affirms Grant Of Class Certification In Securities Lawsuit
Posted on 3 May 2013 by Mealeys

NEW ORLEANS - A federal district court did not err in granting class certification in a securities class action lawsuit because price impact evidence does not bear on the inquiry into whether common issues predominate under Federal Rule of Civil Procedure... Read More

Judge Refuses To Certify Class Related To Alleged Mold At Resort Properties
Posted on 17 Jul 2012 by Mealeys

SAN DIEGO - A California federal judge on July 13 denied a motion for certification of a putative class action filed by the owner of a time-share that allegedly contained water leaks and mold, finding that individual issues predominated over the common... Read More

Finding No Federal Question, Judge Remands California's Tobacco Tax Suit
Posted on 17 May 2013 by Mealeys

SACRAMENTO, Calif. - A California federal judge has granted remand of tobacco excise tax evasion and unfair business practice claims to state court, saying in an opinion filed May 15 that the state's complaint raised no federal question (People of... Read More