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Tobacco Companies Preparing for Supreme Court Review of Graphic Labels  

Jump to full article: The BLT: The Blog of Legal Times, 2011-12-12
Author: Zoe Tillman


In a new motion (PDF) filed today in Washington federal court, the cigarette manufacturers suing the Food and Drug Administration over new graphic label requirements hinted that they already have their sights set on the Supreme Court.

On Nov. 29, the agency appealed U.S. District Judge Richard Leon's order granting a preliminary injunction to delay enforcement of the rules. The cigarette companies are now asking Leon to speed up his review of pending cross-motions for summary judgment for the sake of "judicial economy."

The losing side on summary judgment is likely to appeal, the companies wrote, so it would be more efficient to get both appeals on the appeals court’s docket at the same time. That way, they wrote, the appellate judges could see how Leon ruled on the merits of the case and also have an opportunity to consolidate the appeals.

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