Philip Morris - A Stock For Wealth Or Poverty (MO) Message Board

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Non-Tech : Philip Morris - A Stock For Wealth Or Poverty (MO)

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To: Jim Oravetz who wrote (6421)	5/22/2006 12:48:04 PM
From: Jim Oravetz	Read Replies (1) of 6439

High Court Seeks Comment On Venue For Philip Morris Case By MARK H. ANDERSON May 22, 2006 11:05 a.m. WASHINGTON -- The U.S. Supreme Court Monday asked the federal government to comment on whether it should hear the appeal of a state tobacco lawsuit against Philip Morris Cos. Inc., a unit of Altria Group Inc. (MO). The lawsuit is pending in a federal court, but the plaintiffs who sued the tobacco company want the case to be heard in the Arkansas state court where it was originally filed. At issue in the appeal is whether the lawsuit was properly taken over by a U.S. District Court because of the involvement of the Federal Trade Commission in the regulation of tobacco nicotine and tar levels. The class-action lawsuit alleges Philip Morris violated Arkansas laws with deceptive marketing of its light cigarette brands Marlboro Lights and Cambridge Lights. "Plaintiffs have averred that Philip Morris falsely represented its cigarettes as light or low tar," attorneys for the plaintiffs said in a court filing. Philip Morris got the case moved to a federal court under a law that allows cases involving a "federal officer" to be moved from a state to a federal venue. Corporations say they generally prefer to litigate at the federal level because state laws vary and outcomes in state courts are less predictable. The U.S. Solicitor General's office will file a brief in the case on whether it thinks the FTC meets the definition of a federal officer under the lawsuit removal law. The brief will be filed later this year and the case will be reconsidered by the Supreme Court after the government makes its filing. Philip Morris, in a legal brief, said it believes the FTC's longstanding involvement in tobacco regulation warrants having the case heard in a federal court. "For over 40 years the FTC has exercised unprecedented detailed and direct control over the measurement and disclosure of cigarettes' tar and nicotine yields," the company said. No judgments are pending in the class-action lawsuit, which is in the early stages of litigation. The case is Watson v. Philip Morris Cos., 05-1284.

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