Lawyers representing a group of tobacco companies on appeal urged the U.S. Court of Appeals for the D.C. Circuit to reject the “grotesque” expansion of RICO laws that a federal judge applied to Big Tobacco in a landmark decision in 2006.
The survival of that decision, which held that the tobacco industry conspired to mislead consumers for decades about the health risks of smoking, could be in jeopardy. A three-judge panel — Chief Judge David Sentelle sat with Judges David Tatel and Janice Rogers Brown — questioned key elements of U.S. District Judge Gladys Kessler’s nearly 1,700-page decision.
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