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

[lotus14]

Not hearings, it is being calendared for oral argument (of the briefs that will be submitted by both sides between now and then). There are no hearings on an appeal.

So when is this likely to wind up back in Judge Leon's court?

Assuming his ruling is favorable, will the next appeal go back to this same appeals court?

[Sun Vaporer]

So when is this likely to wind up back in Judge Leon's court?

Assuming his ruling is favorable, will the next appeal go back to this same appeals court?

An interlocatory Appeal would not be likely though not out of the question. The case will more then likely go back to Judge Leon, where the the case will proceed to final judgment only to be appealed again. I do not know how far NJOY and SE can keep on going.

Sun

[Sun Vaporer]

Sun, I too thank you for your informative posts and insight. Read your posts daily. I'm hoping soon for a "Sun" filled day when the light will shine on some good new news and we can look back on this time as the dark days.

Vapor---wish it was Sun today, but these are black clouds all the way around. I really had some hope for Judge Leon's ruling, but at this point with the Appeals Court finding all the elements for a Stay to issue, it does not look good and we are put on hold now.


Sun

[yvilla]

So when is this likely to wind up back in Judge Leon's court?

Assuming his ruling is favorable, will the next appeal go back to this same appeals court?

It won't go back until the appeal is decided. With oral argument in September, Sun is right that probably means November - at the earliest.

And yes, any appeal of Judge Leon's eventual final order will go back to the same Court of Appeals. Whether it will have the same panel of judges or not, I'm not familiar enough with federal court practice to know the answer to that one for sure, but I'm betting that would be the case.

[DC2]

Does this ruling basically give license to the FDA to begin stepping up enforcement?

[Sun Vaporer]

You know People, it really is hard to not think that this is all about lost tobacco tax revenue. I am trying not to think that, but it really is hard not to.


All this effort being advanced to ban this little device? The e-cig is saving so many from smoking cigarettes, but that does not count??


Sun

[Sun Vaporer]

Does this ruling basically give license to the FDA to begin stepping up enforcement?

Yes, if that is what the FDA wants to do DC2, but look beyond that---so much effort to get rid of the e-cig--why?


Sun

[lotus14]

Thanks for answering my questions yvilla.

Lets hope the FDA doesn't step up their harassment of our small suppliers and individual orders from China so we can use the time to keep stocking up. Perhaps that's our little silver lining.

Let's also hope the plaintiffs can stay in business another year or more!

[lotus14]

You know People, it really is hard to not think that this is all about lost tobacco tax revenue. I am trying not to think that, but it really is hard not to.


All this effort being advanced to ban this little device? The e-cig is saving so many from smoking cigarettes, but that does not count??


Sun

Why are you trying to not think that? Ours is a government that keeps wars going to feed the military/industrial/congressional complex.

Our government looks out for Big Pharma profits over the costs to our citizens and their better health.

Our government looks after fat cat corporate profits over the financial health of working people.

It's been this way for a long time and it just seems to be getting worse.

[deewal]

You know People, it really is hard to not think that this is all about . I am trying not to think that, but it really is hard not to.


All this effort being advanced to ban this little device? The e-cig is saving so many from smoking cigarettes, but that does not count??


Sun

You've just answered your own question Sun. Lost tobacco tax revenue.
Health of the Population is not The Government's concern. Never was and never will be. Money, Power and Control are all they are interested in.