Cases

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

ORDER DENYING KING MOUNTAIN’S MOTION FOR SUMMARY JUDGMENT ROSANNA MALOUF PETERSON, Chief Judge. BEFORE THE COURT is King Mountain Tobacco Company, Inc.’s Motion for Summary Judgment, ECF No. 41. The Court heard telephonic oral argument on the motion on September 16, 2015. Trial Attorney Kenneth Sealls appeared on behalf of the United States, and Randolph Barnhouse appeared on behalf of King Mountain. The

ORDER GRANTING UNITED STATES’ MOTION FOR SUMMARY JUDGMENT ROSANNA MALOUF PETERSON, Chief Judge. Before the Court is a motion for summary judgment filed by the United States, ECF No. 134. A similar motion was filed in the related ease United States v. King Mountain Tobacco Co., Case No. 12-3089 at ECF No. 48. The Court heard oral argument on the motions in both cases. John Adams Moore, Jr., and

ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ROSANNA MALOUF PETERSON, Chief Judge. Before the Court is Plaintiffs motion for partial summary judgment, ECF No. 52. The Court has reviewed the motion, the memoranda in support and opposition, the statements of fact, the affidavits and declarations of the parties, all other relevant filings, and is fully informed. BACKG

OPINION CHRISTEN, Circuit Judge: King Mountain Tobacco Company and the Confederated Tribes and Bands of the Yakama Indian Nation (collectively “Appellants”) sued the Attorney General of the State of Washington for declaratory and injunctive relief from Washington’s escrow statute, Wash. Rev.Code §§ 70.157.005-70.157.030 (2013). The escrow statute require

WILLIAM A. FLETCHER, Circuit Judge, concurring in the judgment: Defendants King Mountain Tobacco Company, Inc., and Yakama Tribe members Delbert Wheeler and Richard “Kip” Ramsey allegedly infringed federal and state trademark rights of Philip Morris by selling cigarettes with packaging and designs that resemble those of Philip Morris’s flagship Marlboro brand. Philip Morris sued the defendants in federal distri

*1111WILLIAM A. FLETCHER, Circuit Judge, concurring in judgment: I concur in the judgment. King Mountain Tobacco Company, Inc., and Yakama Tribe members Delbert Wheeler and Richard “Kip” Ramsey (collectively, “tribal member defendants” or “defendants”) allegedly infringed federal and state trademark rights of Philip Morris by se

DECISION AND ORDER SPATT, District Judge. On December 21, 2012, the Plaintiff State of New York (the “State”) filed this complaint against the Defendant King Mountain Tobacco Company, d/b/a/ King Mountain Tobacco Company Inc. (“King Mountain”); Mountain Tobacco Distributing Company Inc.; and Delbert Lauren Wheeler, Sr., alleging violations of the Contraband Cigarette Trafficking Act, 18 U.S.C. §§ 2341-2346 (

DECISION AND ORDER SPATT, District Judge. On December 21, 2012, the Plaintiff State of New York (the “State”) filed this complaint against the Defendant Mountain Tobacco Company, d/b/a/ King Mountain Tobacco Company Inc. (“King Mountain”); Mountain Tobacco Distributing Company Inc. (“Mountain Tobacco Distributing”); and Delbert Wheeler, Sr. (“Wheeler”), alleging violations of the Contraband Cigarette Traf

MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. The following facts are drawn from the parties’ pleadings for purposes of this order and do not constitute the findings of the Court. The Defendant Mountain Tobacco Company, d/b/a/ King Mountain Tobacco Company Inc. (“King Mountain”) is a corporation formed under the laws of the Yakama Nation of Indians and is engaged in the busin

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 14-36055 Plaintiff-Appellee, 16-35607 v. D.C. No. 2:12-cv-03089- KING MOUNTAIN TOBACCO RMP COMPANY, INC., Defendant-Appellant. OPINION

17‐3198(L) State of New York v. Mountain Tobacco Company United States Court of Appeals for the Second Circuit AUGUST TERM 2018 Nos. 17‐3198(L), 17‐3222(XAP) STATE OF NEW YORK, Plaintiff‐Appellee‐Cross‐Appellant, v. MOUNTAIN TOBACCO COMPANY, DBA KING MOUNTAIN TOBACCO COMPANY INC., Def

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PHILIP MORRIS USA, INC.,  Plaintiff-Appellant, v. No. 06-36066 KING MOUNTAIN TOBACCO  D.C. No. CV-06-03073-RHW COMPANY, INC.; MOUNTAIN TOBACCO; DELBERT L. WHEELER, OPINION SR.; RICHARD KIP RAMSEY, Defendants-Appellees.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PHILIP MORRIS USA, INC.,  No. 06-36066 Plaintiff-Appellant, D.C. No. v. CV-06-03073-RHW KING MOUNTAIN TOBACCO  ORDER COMPANY, INC.; MOUNTAIN AMENDING TOBACCO; DELBERT L. WHEELER, OPINION AND SR.; RICHARD KIP RAMSEY, AMENDED

OPINION OF THE COURT J. Scott Odorisi, J. This lawsuit arises out of the 2012 West Webster Christmas Eve ambush and the resulting deaths and personal injuries to first responders. Pending before this court are: (1) defendant Gander Mountain Company, Inc.’s August 25, 2014, motion to dismiss; and, (2) plaintiffs’ September 18, 2014, motion for the release of the grand jury minutes of the state criminal pro

36 So.3d 1046 (2010) Gloria SCOTT and Deania M. Jackson, on Behalf of Themselves and All Other Persons Similarly Situated v. AMERICAN TOBACCO COMPANY, INC.; American Brands, Inc.; R.J. Reynolds Tobacco Company; RJR Nabisco, Inc.; Brown & Williamson Tobacco Corporation; Batus, Inc.; Batus Holdings, Inc.; Philip Morris, Inc.; Philiip Morris Companies, Inc.; et al. No. 2009-CA-0461. Court of Appeal of

344 F.3d 753 GROUP HEALTH PLAN, INC., a nonprofit Minnesota Health Maintenance Organization; Healthpartners, Inc., a nonprofit Minnesota Health Maintenance Organization, Appellants,v.PHILIP MORRIS USA, INC.; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Company, suing as Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company, Inc.; Liggett Group, Inc.; Hill & Knowlton, Inc.; Council for Tobacco Research US

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT R.J. REYNOLDS TOBACCO COMPANY and PHILIP MORRIS USA INC., Appellants, v. DEBORAH NEFF, as Personal Representative of the Estate of Dorothy Milinkovich, Appellee. No. 4D19-2646

TJOFLAT, Circuit Judge: These consolidated appeals are yet another chapter in the ongoing tobacco litigation that began as a class action in Florida courts more than two decades ago and has since swollen the federal docket with thousands of individual cases. Today we are asked to decide the fate of 588 personal injury cases filed on behalf of purportedly living cigarette smoker

AFFIRMED IN PART, REVERSED IN PART, and REMANDED; and Opinion Filed February 2, 2024 In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-01231-CV HOUSE OF RAEFORD FARMS, INC., OZARK MOUNTAIN POULTRY, INC., AND FIELDALE FARMS CORPORATION, Appellants V. SOMMA FOOD GROUP, LLC, Appellee On