Smoking Everywhere V. FDA Daily Docket Sheet Update--APPEAL's COURT ISSUES STAY

[catwoman19]

Ordered the free e-cig from them over a week ago and haven't recieved it. I guess the $10 shipping fee went towards thier last brief

[Vaporer]

The sad part about the news report is it will do 20 times more damage than 1 good article.
It states "Sacramento man claims in a federal class action". Federal Class Action?

He's only claiming $75-$80 loss. He should have went to small claims court.
Just another gold digger pitching iron pyrite (fools gold) to bury us deeper.....sigh.

[Sun Vaporer]

The sad part about the news report is it will do 20 times more damage than 1 good article.
It states "Sacramento man claims in a federal class action". Federal Class Action?

He's only claiming $75-$80 loss. He should have went to small claims court.
Just another gold digger pitching iron pyrite (fools gold) to bury us deeper.....sigh.

Vaporer---Counsel is not looking for the 75-80 dollar loss, rather punitive damages. That is where the money is. And it sure is fools gold.

Sun

[Angela]

What punitive damages? Do you not have to prove some 'loss' in the US to be able to claim?

[DC2]

Who wants to bet that ASH encouraged this action?

While their argument is actually sound, I can't see how there is grounds for damages.
But that wouldn't stop ASH from publicizing this action up and down and left and right.

I wouldn't be surprised if they actively searched out someone willing to file this suit.

[Sun Vaporer]

What punitive damages? Do you not have to prove some 'loss' in the US to be able to claim?

You do not always need damages in some actions. And the punitive damages are so the company refrains from doing it again. I have not read the Complaint---does anyone know where it is posted or the news article about this is posted. Thanks

Sun

[eplanet]

Sun,

What would happen if Judge Leon does not come to a decision for weeks? even months? is it possible that this can just be some type of tactic to delay for one reason or another? What would happen if a decision is not made well into next year? I know everyone is on the edge of there seat here...but just...what if?

[Sun Vaporer]

Sun,

What would happen if Judge Leon does not come to a decision for weeks? even months? is it possible that this can just be some type of tactic to delay for one reason or another? What would happen if a decision is not made well into next year? I know everyone is on the edge of there seat here...but just...what if?

Eplanet---Since this is a request for a Preliminary Injunction spellling out exigent circustances (going out of business) then SE has every right to jump to the Appeal Court and seek relief. Judge Leon can not just sit on a request for a Preliminary Injunction---

Having said that, I think Judge Leon wanted to wait for the new legislation to pass, have another hearing with the parties, and allow all reply's and briefs to be filed so the record is complete before he rules. That way his ruling has a strong chance of standing on appeal and I think, with all the filings done now, you are going to see a ruling real quick here. I can see what Judge Leon did.

What I do not like is that Judge Leon allowed ASH's leave to file their brief the same day it was filed, while Alliance is still sitting out there as a Movant waiting for their leave to be granted.

Sun

[Sun Vaporer]

You do not always need damages in some actions. And the punitive damages are so the company refrains from doing it again. I have not read the Complaint---does anyone know where it is posted or the news article about this is posted. Thanks

Sun

Ok--Yes, damages are not an issue here as the Complaint advances on injunctive relief and statutory unfair business practices along with common law tort claims. That class action suit looks very viable if it can be certified.

Sun

[Vaporer]

Sun,

That raises a question. If The alliance's brief has not been allowed then how was the FDA allowed to respond to it?