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USA v. Philip Morris USA, et al

Memorandum in opposition to re MOTION to Vacate Final Order And Factual Findings Based on The Family Smoking Prevention and Tobacco Control Act

28 Cited authorities

  1. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,152 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  2. TRW Inc. v. Andrews

    534 U.S. 19 (2001)   Cited 1,187 times   9 Legal Analyses
    Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”

  3. U.S. Bancorp Mortg. Co. v. Bonner Mall

    513 U.S. 18 (1994)   Cited 982 times   13 Legal Analyses
    Holding that the appealing party had "surrender[ed] his claim to the equitable remedy of vacatur" by settling the case and thus "voluntarily forfeit[ing] his legal remedy by the ordinary processes of appeal"

  4. Hunter v. Philip Morris USA

    582 F.3d 1039 (9th Cir. 2009)   Cited 1,974 times   1 Legal Analyses
    Holding that an implied preemption affirmative defense was not a permissible ground for finding fraudulent joinder

  5. Bedroc Ltd. v. United States

    541 U.S. 176 (2004)   Cited 509 times   1 Legal Analyses
    Holding a court presumes that Congress says in the statute what it means

  6. U.S. v. Phosphate Export Assn

    393 U.S. 199 (1968)   Cited 838 times   1 Legal Analyses
    Holding that “the heavy burden of persuasion” that the challenged conduct cannot reasonably be expected to start up again lies with the party asserting mootness

  7. Nader v. Allegheny Airlines

    426 U.S. 290 (1976)   Cited 446 times   1 Legal Analyses
    Holding no irreconcilable conflict

  8. United States v. Philip Morris USA Inc.

    566 F.3d 1095 (D.C. Cir. 2009)   Cited 207 times   1 Legal Analyses
    Holding that the verb "include" is non-limiting where the "most obvious way" to limit a definition would be to write it the way Congress wrote other limited definitions nearby

  9. Securities & Exchange Commission v. First City Financial Corp.

    890 F.2d 1215 (D.C. Cir. 1989)   Cited 351 times   5 Legal Analyses
    Holding that remedy of disgorgement may be ordered in an amount "causally related" to the wrongdoing "but disgorgement may not be used punitively"

  10. Dana Corp. v. Blue Cross Blue Shield

    900 F.2d 882 (6th Cir. 1990)   Cited 244 times
    Holding that plaintiff's motion for leave to amend the complaint, filed after judgment pursuant to Fed.R.Civ.P. 59(e), should have been granted

  11. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,087 times   41 Legal Analyses
    Granting civil remedies for RICO violation

  12. Section 41 - Federal Trade Commission established; membership; vacancies; seal

    15 U.S.C. § 41   Cited 778 times   44 Legal Analyses
    Granting FTC the power to "make rules and regulations for the purpose of carrying out the provisions of this [Act]," 15 U.S.C. § 46(g) (West Supp. 1986)

  13. Section 1331 - Congressional declaration of policy and purpose

    15 U.S.C. § 1331   Cited 387 times   1 Legal Analyses
    Establishing policy of protecting "commerce and the national economy"