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

[eplanet]

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,

Thanks for the speedy response, but in an imaginary land...what would happen if he did sit on it? ... all imaginary...

[Sun Vaporer]

Sun,

Thanks for the speedy response, but in an imaginary land...what would happen if he did sit on it? ... all imaginary...

Eplanet--SE can file an Interlocatory Appeal seeking an order that the motion be acted upon by the lower Court. These types of Appeals are acted on rather quickly.


Sun

[Vocalek]

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

Link to the story:
Courthouse News Service

Go to the bottom of the page. There is an icon that looks like a piece of paper next to the last word of the last sentence. Click it. A PDF of the Complaint is launched.

[Sun Vaporer]

Link to the story:
Courthouse News Service

Go to the bottom of the page. There is an icon that looks like a piece of paper next to the last word of the last sentence. Click it. A PDF of the Complaint is launched.

Voc--Thanks--I pulled the entire file on this Class Action and sure looks like some issues for SE if it is certified.


Sun

[TaketheRedPill]

At the bottom of the story, next to the last sentence, there is an icon that looks like a sheet of paper. If you click the icon, the PDF version of the complaint opens.

Basically, the guy's "injury" was that 8-12 months ago he paid "approximately $60-75" for the product, used it "as directed," and then learned in July 2009 that "Defendant's products contain toxins and carcinogens."

"Plaintiff has suffered injury in fact and lost money and property as a result of Defendant's alleged misconduct. He has been injured in the amount he paid for the products.".....

but...he's suing for: damages for unfair competition and unjust enrichment

unfair competition implies that someone is unfairly competing with HIM...something smells and it ain't a pet skunk

[Sun Vaporer]

but...he's suing for: damages for unfair competition and unjust enrichment

unfair competition implies that someone is unfairly competing with HIM...something smells and it ain't a pet skunk

Take---take another look as I think you misread the Complaint. The statute is one like many states have for unfair and deceptive business practices---in this case he was deceived. The Complaint also prays for equitable relief by way of an injunction as well as the common law claim of unjust enrichment. It actually looks like a case with merit if it can get certified.

Sun

[ladyraj]

but...he's suing for: damages for unfair competition and unjust enrichment

unfair competition implies that someone is unfairly competing with HIM...something smells and it ain't a pet skunk

I interpreted the case to be unfair business practice for fraudulant claims via advertising. It could also be interpreted as the competing product is the cigarette sold by the tobacco companies. Two products delivering nicotine...one claims to be free of tobacco carcinogens...precipitating the purchase for perceived safety. Since the FDA found carcinogens in the cart analyses the SE ads are proved false via a government entity.
What say you?.....

Oops! Sun answered before me. Thanks Sun for all you do!

[SpasticMuse]

... Their continued success is evidenced through their heavy advertising across the internet- I've seen their ads on a number of sites now, ones not even e-cigarette related... They've got plenty of money to spend, and don't show any sign of slowing down.

Hate to add to the flotsam in this thread but haven't seen anyone else address this fact- Being in a company dealing with economic trials myself; from an external view, we haven't lessoned our spending. However, we're coming closer to facing the wall on our credit. Luckily, we aren't at the point SE may be at, but often the last "Hail Mary" of a dying company is a marketing blitz.

We're taking about the U.S.A. When does the spending of a company ever actually relate to their income; in recent years, and especially these days?

JLD

[robbiehatfield]

This is so ridiculous! The nitrosamine levels in the SE e-cig are trace levels comparable to other nicotine replacement products approved by the FDA, yet, they're going to lose in court because they originally *foolishly* made the claim of zero nitrosamines without test data to back them up.. When it's over, we'll be stuck with tobacco cigarettes that have several orders of magnitude more nitrosamines because of how the argument was merely worded. This is why I hate lawyers! Word games are going to kill people..

Robbie

[Sun Vaporer]

This is so ridiculous! The nitrosamine levels in the SE e-cig are trace levels comparable to other nicotine replacement products approved by the FDA, yet, they're going to lose in court because they originally *foolishly* made the claim of zero nitrosamines without test data to back them up.. When it's over, we'll be stuck with tobacco cigarettes that have several orders of magnitude more nitrosamines because of how the argument was merely worded. This is why I hate lawyers! Word games are going to kill people..

Robbie

Robbie---If you need to "hate" someone---"hate" your Legislators as they are the ones that enact the law, not the Courts or the Attorneys.

Sun