United States v. Philip Morris USA Inc.

This appeal stems from the government's long-running Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961–68, case against the nation’s major cigarette manufacturers. The government alleged a conspiracy to deceive the American public about the dangers of cigarettes. The district court issued a comprehensive remedial order ten years ago. RJR sought to dissolve the order as void under Federal Rule of Civil Procedure 60(b)(4) and unjust under Rule 60(b)(6), but the district court denied the motion. The court explained that the Supreme Court made clear in United States Student Aid Funds, Inc. v. Espinosa, that relief under Rule 60(b)(4) is available “only in the rare instance where a judgment is premised either on a certain type of jurisdictional error or on a violation of due process.” The court concluded that none of those defects exists in this case. The court also concluded that, although RJR could have challenged its remedial obligations under Rule 60(b)(6), it failed to do so. Therefore, the court affirmed the district court's denial of RJR's motion. View "United States v. Philip Morris USA Inc." on Justia Law