CV-14-193.---Delivered: February 26, 2015 17 Abal also used a number of Uruguayan trademarks registered in its own name to sell tobacco products. 05-1284 IN THE Supreme Court of the United States LISA WATSON, ET AL., Petitioners, v. PHILIP MORRIS COMPANIES, INC., ET AL., Respondents. Philip Morris v. Uruguay is a notable example of such arbitrations. Response to amicus curiae brief filed by resps R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp. & Philip Morris Inc. Jan 11 2002 Request for judicial notice filed (in non-AA proceeding) by resps R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., & Philip Morris Inc. Chamber of Commerce of the United States of America as Amicus Curiae on behalf of Defendants and Appellants. Amici Curiae in support of Respondent, Phillip Morris, USA v. Williams, No. It rejected two due in part to their having been made belatedly and in part because one would not bring fresh perspective, knowledge or insight to the case and the other because it was made by an entity not truly independent of the claimant. LII Supreme Court Bulletin Toolbox 2329 (2006) (No. widow of a smoker, sued Petitioner Philip Morris USA, alleging that Philip Morriss fraud in advertis-ing and promoting cigarettes caused the death of her husband from lung cancer. Failed to disclose significant interest Court denied NAMs motion for leave to file amicus brief . See other cases from Oregon. Philip Morris USA Inc. v. Mayola Williams, Personal Representative of the Estate of Jesse D. Williams, Deceased. 05-1256). Attorneys for Amici Curiae; complete counsel listing appears on signature pages Dated: October 15, 2020 . Brief of Amici Curiae Tobacco Control Legal Consortium et al. BRIEF AND APPENDIX OF AMICUS CURIAE MINNESOTAASSOCIATION FORJUSTICE Kay Nord Hunt (#138289) Ehrich L. Koch (#159670) Valerie Sims (#30556X) LOMIvIEN, ABDO, COLE. Case No. You are not logged in. 3 (February 17, 2015) For instance, the World Health Organisation did so in the case of Philip Morris v Uruguay in which Philip Morris challenged the legality of a plain packaging regulation adopted by Uruguay. 2015 Ark. published united states court of appeals for the fourth circuit brown & williamson tobacco corporation; lorillard tobacco company; philip morris, incorporated; rj reynolds tobacco philip morris usa inc., philip morris international, inc. petitioners, v. the honorable tom r. smith, judge of the twenty-sixth judicial district court, seward county, kansas and daric smith, respondents. BRIEF FOR THE UNITED STATES AS AMICUS CURIAE. 'Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation' 40(4) (2018) European Intellectual Property Review 277. v. MINER ET AL. v. Uruguay, made by arbitrators Piero Bernardini (presiding), Gary Born, and Judge James Crawford. 3 February 17, 2015 Granted The Philip Morris v. Uruguay award on the merits: part two of our three part analysis, focusing on the FET and umbrella clause claims. Co. v. Campbell, 538 U. S. 408 (2003). 4 . Assn, 128 S. Ct. 989 (2008). Inc.. 67 F.3d 580 (6th Cir. Another procedural tool to protect the parties from the unwanted consequences of amicus participation is an order against an amicus for any additional costs associated with its participation in the arbitration or resulting from its procedural misconduct. 1057] (Philip Morris). Pursuant to the Courts November 4 Order, AIA files this amicus curiae brief in support of the Plaintiffs Motion for Summary Judgment. BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONERS. Jul 10, 2016 | by Luke Eric Peterson. Interestingly, the Attorney General, in his role as amicus curiae for plaintiff, does not join plaintiff in urging this court to construe the Repeal Statute as retroactive. The Philip Morris v. Uruguay case started on 19 February 2010, when the multinational tobacco company Philip Morris International filed a complaint against Uruguay. United States v. Philip Morris USA, Inc., 396 F.3d 1190 (D.C. Cir. Philip Morris v. Uruguay Philip Morris Brand Srl (Switzerland), Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A. (Uruguay) v. Oriental Republic of Uruguay, ICSID Case No. CORRECTED APPLICATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND AMICUS CURIAE BRIEF OF THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA IN SUPPORT OF RESPONDENT Kathleen M. Sullivan (Myers v. Philip Morris Companies, Inc. (Myers) (2002) 28 Published by: McCabe Centre for Law & Cancer Date: June 2016 Download the full paper . " Philip Morris Brands Srl, Philip Morris Products SA and Abal Hermanos SA v Oriental Republic of Uruguay, ICSID Case No ARB/10/7, Award (8 July 2016) (henceforth Morris). However, it is often argued that amicus submissions are hardly relevant to investor-state tribunals analyses. Brief of Neil Vidmar, et al. P. 29, on behalf of amicus curiae, The Legal Aid Society. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. 2015 Ark. 10 " Philip Morris Brand Srl (Switzerland), Philip Morris Products S.A. (Switzerland) and . However, it is often argued that amicus submissions are hardly relevant to investor-state tribunals analyses. Philip Morris, Inc., Appellant. Even though the challenge failed and Philip Morris had to pay Uruguay $7 million and cover the fees for the tribunal, 46 46. In February 2010, three subsidiary companies of Philip Morris International filed an international arbitration ET AL. B164398, B169083 (Los Angeles County Super. UNCT14/2. Stenson. Philip Morris v Uruguay Switzerland-Uruguay BIT Uruguays enactment of tobacco measures Limited number of product lines Increased mandated graphic images Substantial reduction in sales Amici curiae: WHO and WHO FCTC Secretariat PAHO For example, the WHO/WHO FCTC Secretariat and PAHO each provided amicus curiae briefs in Philip Morris v. Uruguay. Philip Morris v. Uruguay is a notable example of such arbitrations. Secondly, in Philip Morris v Uruguay, the tribunal received four applications to file amici curiae briefs. PHILIP MORRIS COMPANIES, INC. arb/10/7 _____ written submission (amicus curiae brief) by the pan american health organization _____ 6 march 2015 on August 20, 2008. - 11 - BRIEF OF AMICUS CURIAE UNITED POLICYHOLDERS Appeal from the Pulaski County Circuit Court. Learn everything an expat should know about managing finances in Germany, including bank accounts, paying taxes, getting insurance and investing. : 20-cv-1181 (kbj) united states food and drug administration, united states department of brief of amici curiae medical and public health organizations in support of defendants cross-motion for Brief of the American Tort Reform Association as Amicus Curiae in Support of Petitioner, Philip Morris USA v. Williams, 126 S.Ct. This case is paradigmatic. The company complained that Uruguay's anti-smoking legislation devalued its cigarette trademarks and investments in the country and was suing Uruguay for compensation under the bilateral investment treaty between Switzerland and Uruguay. ARB/10/7) Procedural Order No. 73. philip morris usa, inc. f/k/a ) september 12, 2005 philip morris incorporated, et al., ) ) defendants. ) About the paper. 21, 2016) CAI Files Amicus Curiae Brief Urging U.S. Supreme Court Review in Pierre v. Holder (May 28, 2014) Ct of Massachusetts: Firm counsel of record for Amicus Brief of the National Association of Manufacturers (NAM). See Philip Morris USA v. Williams, 549 U. S. 346, 127 S. Ct. 1057, 1060-1061 (2007). 06-5267 united states of america, united states department of justice, et al., appellees v. philip morris usa inc., formerly known as philip morris incorporated, et al., appellees british american tobacco (investments) ltd., directly and as successor to british-american Abal Hermanos S.A. (Uruguay) v. Oriental Republic of Uruguay (ICSID Case No. Philip Morris v. Uruguay is a notable example of such arbitrations. v. PHILIP MORRIS USA INC., (f/kla Philip Morris, Inc.), et al., Defendants-Appellants. v. PHILIP MORRIS USA INC., (f/k/a Philip Morris, Inc.), et al., Defendants-Appellants. On Appeal from the United States District Court for the District of Columbia AMICUS CURIAE BRIEF OF THE TOBACCO CONTROL LEGAL CONSORTIUM IN SUPPORT OF PLAINTIFF-APPELLEE URGING AFFIRMANCE November 26, 2007 David C. Vladeck Georgetown University Law Center https://www.iisd.org/itn/en/2018/10/18/philip-morris-v-uruguay PMP was the owner of the Marlboro, Fiesta, L&M and Philip Morris trademarks which it licensed to Abal. _____ Appeal From the Commonwealth of Massachusetts Superior Court . The plaintiffs are FTR Holding SA (Switzerland), Philip Morris Products SA (Switzerland) and Abal Hermanos SA (PMI representative in Uruguay) against Uruguay (ICSID Case No. ARB/10/7). " We have no choice but to litigate " said Rees. Third party (or amicus curiae) submissions can be important. KING & STAGEBERG, Aspinall v. Philip Morris Cos., 442 Mass. Uruguay(ICSID Case No. The Government of Canada, Submitted to the ICSID Case No. I. Mnica Feria Tinta is a leading public international lawyer at the Bar of England & Wales. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit Transp. Philip Morris Brands Srl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. Abal Hermanos S.A., Philip Morris Brands Srl and Philip Morris Products S.A. (hereafter: Philip Morris) initiated arbitration against Uruguay for breach of its obligations under its bilateral investment treaty (BIT) with Switzerland. In particular, Philip Morris targeted the two legislative measures mentioned above. 3 . v. Padilla (Mar. v. Philip Morris, Inc., 228 F.3d 429 (3d Cir. Amicus curiae for Grisham cites a number of out-of-state cases holding that distinct injuries manifesting at different times caused by the same exposure to or ingestion of a toxic substance can give rise to more than one cause of action. Cole, 389 F.3d at 722 n. 2. Philip Morris, Award, 588. AMICUS CURIAE BRIEF OF THE STATE OF MINNESOTA [continued on next page} LORI SWANSON Attorney General State of Minnesota ALAN I. GILBERT (#0034678) Solicitor General BENJAMIN VELZEN (#0388344) Assistant Attorney General Bremer Tower, Suite 1400 445 Minnesota Street St. Paul, Minnesota 55101 (651) 757-1450 Adams v. Philip Morris. 2d 1 (D.D.C. Assn, 128 S. Ct. 989 (2008). As we did in the District Court when it evaluated the fairness and adequacy PHILIP MORRIS COMPANIES, INC. 2013. ARB/10/7 (formerly FTR Holding SA, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay), Procedural Order No. ARB/10/7 (formerly FTR Holding SA, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay) (Amicus Curiae Brief) by the WHO and the Secretariat of the Tobacco Control Convention; Details. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Judge James Crawford, Arbitrator . Amicus Curiae Submission on Eli Lily the Company vs. No personother than the amicus curiae, its members, or its ii Case: 19-1818 Document: 00117563314 Page: 2 Date Filed: 03/10/2020 Entry ID: 6323669 United States v. Philip Morris, 449 F. Supp. Professor Piero Bernardini, President . 2001) 239 F.3d 1029, 1030 (Myers).) Ct. No. philip morris brands srl philip morris products s.a. and abal hermanos s.a. claimants v. oriental republic of uruguay respondent icsid case no. Williams v. Philip Mor-ris Inc., 340 Or. For reasons explained in the Statement of Interest at the beginning of the body of this brief, Amicus believes that its expertise and familiarity with the history of this case will be useful to the Court. No. The Court authorized the filing of amicus curiae briefs in this matter by its November 4, 2015 Order and set a filing deadline of January 11, 2016. ARB/10/7) Expand / Collapse All Applicable IIA. 2005) .. 10 Whitman v. American Trucking Associations, Amicus curiae . does not have a parent company or issue stock, and that no publicly-held company has an ownership interest (such as stock or partnership others, and it files legal briefs as amicus curiae in cases in which its experience and exper tise may a ssist courts in resolving tobacco-related issues of national significance, including Philip Morris v. Williams, 127 S. Ct. 1057 (2007), and Rowe v. N.H. Motor. Secretary of the Tribunal. After review in the state courts, the case was re-manded by this Court in light of State Farm Mut. in Support of Respondents, Altria and it files legal briefs as amicus curiae in including Philip Morris v. Williams, 127 S. Ct. 1057 (2007), and Rowe v. N.H. Motor. On 8 July 2016 the arbitral tribunal constituted to hear Philip Morris (PM) challenge to Uruguays tobacco packaging and labelling measures under a 1988 bilateral investment treaty between Switzerland and Uruguay handed down its Award, dismissing all of PMs claims. UNCT14/2. Appeal from the Pulaski County Circuit Court. In Philip Morris USA v. See Brief of Amicus Curiae Chamber of Commerce of the United States of America in Support of the Petitioner at 5. Co. v. Campbell, 538 U. S. 408 (2003). She practises as a barrister from Twenty Essex Chambers. No. AMICUS CURIAE IN SUPPORT OF DEFENDANT-APPELLANT _____ Douglas S. Brooks (BBO# 636697) 2006), affd in relevant part Automobile Ins. As a result of this evolution, non-governmental organizations and international organizations have since been active in filing such amicus curiae. This 1784-CV-02240-BLS1 _____ BRIEF OF WASHINGTON LEGAL FOUNDATION AS . See Philip Morris USA, Inc. v. Williams, 540 U. S. 801 (2003). Amicus Curiae Brief 1. No. Altria Group, Inc. and Philip Morris, Inc., Respondents. ARB/10/7) PROCEDURAL ORDER NO. Respondent.. BRIEF OF AMICUS CURIAE NATIONAL ASSOCIATION OF MANUFACTURERS application to file brief amici curiae and brief amici curiae of amici curiae center for biological diversity, inc., environmental protection information center, and electronic frontier foundation myers v. philip morris cos., inc., 28 cal.4th 828, 841 (2002) (emphasis original). In fact, the recent case Philip Morris v. Uruguay (ICSID Case No. ARB/10/7) PROCEDURAL ORDER NO. Philip Morris has filed similar cases against Norway and Australia . On 2 July 2013, the tribunal decided it had jurisdiction. The resolution of the case, which affected international jurisprudence, took 6 years; the case ended on 8 July 2016. See Philip Morris USA v. Williams, 549 U. S. 346, 127 S. Ct. 1057, 1060-1061 (2007). 47 47. i Williams v. Philip Morris USA, 344 Or. Altria Group, Inc. and Philip Morris, Inc., Respondents. Philip Morris v Uruguay: an affirmation of Police Powers and Regulatory Power in the Public Interest in International Investment Law PAHO, submitted both, each one, an amicus curiae defending the legitimacy of Uruguayan regulations. To make this APPLICATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF Pursuant to rule 8.200(c) of the California Rules of Court, the League of California Cities ("League") respectfully requests permission to file an amicus curiae brief in support of Respondent City of Santa Barbara. See Philip Morris USA, Inc. v. Williams, 540 U. S. 801 (2003). On 26 March 2010, the ICSID Secretary-General registered a request for arbitration against the Oriental Republic of Uruguay (Uruguay or the Respondent) filed by three entities owned ultimately by the United States multinational tobacco company Philip Morris International Inc. (PMI): FTR Holding S.A. (FTR), Philip Morris Products S.A. (PMP) and Abal Hermanos S.A. (Abal). 18 In particular, Abal sold the Marlboro, Fiesta, L&M, Philip Morris, Casino, and Premier brands of cigarettes in Uruguay; and it owns the Casino, Premier and associated trademarks. On 8 July 2016 the arbitral tribunal constituted to hear Philip Morris (PM) challenge to Uruguays tobacco packaging and labelling measures under a 1988 bilateral investment treaty between Switzerland and Uruguay handed down its Award, dismissing all of PMs claims. 19 v. PHILIP MORRIS COMPANIES, INC., ET AL. Case 1:20-cv-01181-KBJ Document 33 Filed 10/15/20 Page 1 of 16. CAI Files Amicus Curiae Letter Brief with CA Supreme Court in Support of Petition for Review in Vergara v. California (teacher tenure case) (June 16, 2016) CAI Joins Amicus Brief Urging U.S. Supreme Court action in M.A. 05-1284 IN THE Supreme Court of the United States LISA WATSON, ET AL., Petitioners, v. PHILIP MORRIS COMPANIES, INC., ET AL., Respondents. v. PHILIP MORRIS USA INC., Defendant-Appellant. However, it is often argued that amicus submissions are hardly relevant to investor-state tribunals analyses. It is not the role of investment tribunals to second-guess policy decisions, particularly where the Philip Morris challenges the findings of liability on several counts based on products liability and fraud, the admission of evidence, the refusal of proposed 19-1189 In the Supreme Court of the United States _____ BP P.L.C., ET AL., Petitioners, v. M. AYOR AND CITY COUNCIL OF BALTIMORE,. 73. Graham v. R.J. Reynolds Tobacco Co., Case No. united states court of appeals for the district of columbia circuit argued october 14, 2008 decided may 22, 2009 no. In the Oregon Supreme Court, Philip Morris Kansas Association of Defense Counsel and Kansas Association of Counties. 45, 176 P.3d 1255 (2008) .. 9, 10, 12, 14 This brief is submitted in response to the order of this Court inviting the Solicitor General to express the views of the United States. He has co-authored a number of articles and chapters on international arbitration, including Amicus Acceptance and Relevance: The Distinctive Example of Philip Morris v. Uruguay (Netherlands International Law Review, 2016) and Non-Compensatory Damages in Civil and Common Law (Global Arbitration Review Guide to Damages, 2016). In the Oregon Supreme Court, Philip Morris Timothy J. Finnerty #10946. 2 Center for Constitutional Litigation, Robert S. Counsel for Amicus Curiae . This brief is submitted pursuant to Fed. philip morris usa inc., sherman group holdings, llc, plaintiffs, v. case no. ARB/10/7) illustrated how an amicus brief submitted by an international organization, in this case, the World Health Organization (WHO) could have a substantial impact on the final decision. If you are a subscriber, please Login to access. Mr. Gary Born, Arbitrator . 09-103020-AS. Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals a judgment in favor of Betty Bullock awarding her compensatory and punitive damages after a jury trial. 'Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation' 40(4) (2018) European Intellectual Property Review 277. Amicus curiae for Grisham cites a number of out-of-state cases holding that distinct injuries manifesting at different times caused by the same exposure to or ingestion of a toxic substance can give rise to more than one cause of action. (Myers v. Philip Morris Companies, Inc. (9th Cir. The Government of Canada, Submitted to the ICSID Case No. ARB/10/7 (Amicus Curiae Brief) by the WHO and the Secretariat of the Tobacco Control Convention - 28 janv. Joint Brief of AMICI CURIAE. Philip Morris USA Inc. v. Scott 131 S. Ct. 1 (2010) (Scalia, J., in chambers) .. 10, 11, 12 Philip Morris USA v. Williams amicus curiae in cases, like this one, that raise issues important to its membership, their clients, and the judi-cial system. Supreme Court of Arkansas. Department of the Trial Court, Suffolk County . A noteworthy example would be the recent amicus curiae brief in Philip Morris v Uruguay. State of New York v Philip Morris Inc. 2006 NY Slip Op 02635 [30 AD3d 26] April 6, 2006: Sweeny, J. Appellate Division, First Department: Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.: As corrected through Wednesday, August 09, 2006 v. PHILIP MORRIS COMPANIES, INC., ET AL. BC249171) Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant. Olivet & Villareal, supra note 43.
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