United States v. Philip Morris USA Inc.
402 U.S. App. D.C. 41
| D.C. Cir. | 2012Background
- RICO action against tobacco companies for deceptive health claims and related remedies.
- Injunction Order #1015 required disclosure of disaggregated marketing data to the Government for 10 years.
- Disputed term “Disaggregated Marketing Data” defined by a glossary; data scope referenced to FTC data.
- District court issued Order #20-Remand defining data broadly and allowing sharing with other agencies under confidentiality orders.
- Appellants argued Order #20-Remand modified the injunction; government contends it clarifies existing duties.
- Court concludes Order #20-Remand is a clarification, not a modification, and dismisses the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Order #20-Remand modifies the injunction | Philip Morris says it rewrites duties | Government says it clarifies, not changes terms | Clarification, not modification, jurisdiction lacking |
| Whether the appeal lies under 28 U.S.C. §1292(a)(1) | Order grants modification appealability | Order does not modify or dissolve injunctions | No §1292(a)(1) jurisdiction; appeal dismissed |
Key Cases Cited
- Salazar ex rel. Salazar v. District of Columbia, 671 F.3d 1258 (D.C. Cir. 2012) (interlocutory review in injunctions limited)
- Carson v. American Brands, Inc., 450 U.S. 79 (Supreme Court 1981) (narrow interpretation of §1292(a)(1))
- Birmingham Fire Fighters Ass’n v. Jefferson County, 280 F.3d 1289 (11th Cir. 2002) (distinguishes modification from clarification for §1292(a)(1))
- Gautreaux v. Chicago Housing Authority, 178 F.3d 951 (7th Cir. 1999) (limits on treating reinterpretations as modifications)
- Int’l Ass’n of Machinists & Aerospace Workers v. Eastern Air Lines, Inc., 849 F.2d 1481 (D.C. Cir. 1988) (injunction scope determined by court’s independent judgment)
- Sierra Club v. Marsh, 907 F.2d 210 (1st Cir. 1990) (prudential approach to injunction interpretations)
- Thomas v. Blue Cross and Blue Shield Ass’n, 594 F.3d 823 (11th Cir. 2010) (modification criteria for appellate jurisdiction)
- St. Louis, Iron Mountain & Southern Ry. Co. v. Southern Express Co., 108 U.S. 24 (1883) (final decree concept for §1291)