Case Detail

Freedom Holdings v. Spitzer
On May 18, 2005, the U.S. Court of Appeals for the Second Circuit in New York rejected an antitrust challenge to the Master Settlement Agreement (MSA), the settlement that ended the massive product liability suits filed by many States against the tobacco industry. The decision was a victory for WLF, which filed a brief in the case urging that the MSA be upheld. WLF argued that the MSA was a reasonable means of addressing a significant public health concern and should not be subject to antitrust challenge by small tobacco companies seeking to increase their market shares. The district court had denied a preliminary injunction against enforcement of the MSA. The Second Circuit's decision upheld that denial. The appeals court did not reach the merits of the plaintiffs' antitrust claims; rather, it held that the plaintiffs had failed to establish that they would be irreparably harmed if the MSA were not enjoined pending a trial on the merits.
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1/18/2005: Download the Brief

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