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

[Bill Godshall]

Unless a settlement is agreed to by plaintiffs and the FDA (and I'm not aware of any negotiations, but they could be occurring), I strongly suspect that any decision rendered by Judge Leon will be appealed by the losing side (or by both sides).

And unless settlement occurs in the future, that this case could be in federal appeals courts for several more years.

If Judge Leon sides with the FDA, the most important ruling could be the subsequent
decision of whether or not to allow FDA enforcement actions while the judge's ruling is being appealled (I think its called temporary injunction in legalese).

So as a litigation, policy and media strategy, I urge e-cigarette vendors and users to remain upbeat and positively frame even a very unfavorable ruling by the judge as "we're confident we'll win on appeal".

An unfavorable ruling by Judge Leon would likely set off a flurry of local and state legislative proposals to ban the use of e-cigarettes in indoor workplaces and public places (and maybe outdoors too). So its important to remain confident and positive regardless of the court ruling.

That's the strategy deployed by cigarette industry for decades, and its been largely successful (to my great frustration).

If Judge Leon rules against FDA, we shouldn't become cockey or overconfident, as the FDA is likely to appeal, the FDA has clout and access to the media, and the e-cigarette prohibitionists would likely shift their activism to enact local and state laws banning the use of e-cigarettes in workplaces and public places.

[Sun Vaporer]

You are talking about a Stay pending appeal. Note that this would be an interlocatory appeal (an appeal in the pendency of the case and not from a final judgement). These are acted upon much quicker then an appeal from a final judgment.

Your tact Bill on how it proceed is right on point depending on what the ruling is.


Sun

[Sun Vaporer]

The Noon Update shows no movement.


Sun

[EtherMagic]

You are talking about a Stay pending appeal. Note that this would be an interlocatory appeal (an appeal in the pendency of the case and not from a final judgement). These are acted upon much quicker then an appeal from a final judgment.

Your tact Bill on how it proceed is right on point depending on what the ruling is.


Sun

Sun: After 5 months of reading your posts I have to ask this...

What are YOU??? A Judge, Lawyer, What??? You have to be the smartest guy I have ever come across on any and every forum I am a member of! And that's saying alot!!!


BTW, thanks for all your feedback over the months, I appreciate every word you type my friend

[Sun Vaporer]

Six weeks after SE filed its MOTION for Leave to File Instanter a Status Report Concerning Recent Events Which May Impact Plaintiff's Continued Existence by SMOKING EVERYWHERE, INC

And again no movement on the Docket Sheet ending another week. No new motions have been filed and Judge Leon has not acted. We heard two weeks ago it was sitting on his desk. It must have been at the bottom. Well the only thing certain is a ruling will come and we will know when we know.


Sun

[catwoman19]

Thank you Sun for your update, appreciate it

[KatyS]

Sun thanks for your continued info on this. My offer is still open, just let me know where to sent the paypal gift

[Darkest]

Sun thanks for your continued info on this. My offer is still open, just let me know where to sent the paypal gift

Ditto, If you'd like to PM a paypal address I would be honored to contribute.

[HighTech]

Six weeks after SE filed its MOTION for Leave to File Instanter a Status Report Concerning Recent Events Which May Impact Plaintiff's Continued Existence by SMOKING EVERYWHERE, INC

And again no movement on the Docket Sheet ending another week. No new motions have been filed and Judge Leon has not acted. We heard two weeks ago it was sitting on his desk. It must have been at the bottom. Well the only thing certain is a ruling will come and we will know when we know.


Sun

Appreciated, as always. Thanks Sun.

[Lumiis]

I feel really bad about doing this, but could someone paraphrase the last 275 pages of this thread, or send me a link to the page (if this has already been done)

I know this could be alot to type, but 275 pages is alot to read..

Thank you in advance! (very interested in this, as should be all vapers)

Also, I only see about SE and NJOY, a friend of mine mentioned something about a Statewide ban on ecigs, does this have anything at all to do with this thread or is this just SE and NJOY?