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

[danielwd]

I still would love to know what's going on with Runyan's stock over in Hong Kong. It is still not trading. I would also love to know if there's any connection with Phillip Morris or any connection with this idle court case.

There's probably so much stuff going on behind the scenes that we will never know about, it is not even funny. That is why I hate politicians and am suspicious of lawyers (I hope I'm not offending any lawyers here - if I am offending any politicians here - go suck an egg)

[dee5]

Is there any chance that the judge is "stalling" to allow Phillip Morris time to finish it's negotiations? I feel bad thinking that, but it has crossed my mind.

[Sun Vaporer]

THANK YOU for clearing this up. This was my understanding, but some of the posts here suggest that this ruling is taking an unprecedented amount of time. Good to know that's not the case (so to speak ).

Your expertise is much appreciated, Legal One.

.

That one I would not conceed and is problmatic at best and Legal, I am sure could not elaborate as Counsel--but I have in over 30 years never ever scene a TRO turned into a Preliminary Injuction take 6 months---Sorry, but it just does not exist. This is way out of the norm for this kind of motion.


Sun

[Sun Vaporer]

Is there any chance that the judge is "stalling" to allow Phillip Morris time to finish it's negotiations? I feel bad thinking that, but it has crossed my mind.

Judge Leon is stalling no doubt--question is why.


Sun

[Mister]

A simpler (I think, avoiding conspiracies, undisclosed talks, etc.) theory: perhaps Judge Leon is finding it a challenge to make the decision appeal proof and is taking some time in an effort to make it so.

[Sun Vaporer]

A simpler (I think, avoiding conspiracies, undisclosed talks, etc.) theory: perhaps Judge Leon is finding it a challenge to make the decision appeal proof and is taking some time in an effort to make it so.

Mister--I would have and did give that to him last month--this time frame is way out of wack now. There may be a good reason for the stall, but at least we know it is not for any settlement here.


Sun

[PhiHalcyon]

It's not that the battle to have the ecig regulated as a tobacco product cannot be won, but whether or not the battle is worth the cost. And if the FDA is so firmly adamant as Legal One says, then the answer is probably not.

And here's why: Winning the regulatory classification of a tobacco product (as defined in the FSPTCA) would not prevent the FDA from banning e-liquid, nor require the FDA to approve an e-liquid product.
Of course, the FDA's refusal to approve an e-liquid product could be challenged in the courts, but not until the first battle of classification has been won. So it could easily take ten years to get to the point of forcing the FDA to both classify and approve an e-liquid product as a tobacco product; only to have the FDA just waiting for the least significant legitimate reason to ban it.

[Mitty]

Sun:

The only thing I can think of, having worked in a law firm for a while, is that there may be some closed door , 3rd party arbitration going on which may make the ruling moot. He might be waiting on that outcome before making his ruling public. Thoughts ?

-Mitty

[JustMeAgain]

[quote=Legal One; It is not ordinary but it is also not unusual for a ruling to sit for months even years in some cases before publication.[/quote]

I've been wondering - What if a decision simply doesn't come down - or as LegalOne says, it takes years?

We've heard SE's shipments have been released -does that also mean that other shipments are not being seized?

[SheerLuckHolmes]

This is the only case that we are giving attention to, for obvious reasons.

How many cases might Judge Leon have before his court? How many of those are of more significance (to the gereral public ~ to the law community ~ etc.) than this one? Might this have some barring upon why or how one case (ours) can get pushed to the bottom of the stack?