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U.S. v. PHILIP MORRIS USA INC.

No. 11-5146.

686 F.3d 839 (2012)

UNITED STATES of America, United States Department of Justice, et al., Appellees v. PHILIP MORRIS USA INC., formerly known as Philip Morris Incorporated, et al., Appellants American Tobacco Company, Directly and as Successor to the Tobacco Interest of American Brands, Inc., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 2012.

Attorney(s) appearing for the Case

Noel J. Francisco argued the cause for appellants. With him on the briefs were Robert F. McDermott , Peter J. Biersteker , Miguel A. Estrada , Amir C. Tayrani , Michael B. Minton , Bruce D. Ryder , and A. Elizabeth Blackwell . Dace C. Martinez entered an appearance.

Sarang Vijay Damle , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Michael F. Hertz , Deputy Assistant Attorney General, and Mark B. Stern and Alisa B. Klein , Attorneys. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Howard M. Crystal and Katherine A. Meyer were on the brief for appellees Tobacco-Free Kids Action Fund, et al.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Appellant tobacco companies seek review of a district court order clarifying an injunction requiring appellants to disclose marketing data to the government. Appellants claim that the clarification of the injunction actually effects a modification of the requirements. Our jurisdiction over this interlocutory appeal is dependent on the district court having modified the injunction. Because we conclude that it did not, we dismiss the appeal for...

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