Federal appeals court denies rehearing on $280 billion tobacco penalty News
Federal appeals court denies rehearing on $280 billion tobacco penalty

[JURIST] The US Court of Appeals for the District of Columbia said Wednesday that it will not reconsider its earlier decision [PDF opinion; JURIST report] barring the DOJ from seeking a $280 billion penalty in its racketeering lawsuit against tobacco companies. In February, the court ruled that the Racketeer Influenced and Corrupt Organizations Act [text] permits the government to seek only forward-looking remedies and does not allow disgorgement penalties. The appeals court divided 3-3 on whether to grant the DOJ's request for a full court reconsideration of the panel decision, and Associate Attorney General Robert McCallum said Wednesday "In the wake of the tied vote … the United States will carefully review its options and make a determination in the near future as to what course of action it will pursue." The DOJ provides background on the tobacco litigation, including case documents. AP has more.