The Volokh Conspiracy - D.C. Circuit Stays Anti-"Light" Cigarette Order:

The Associated Press is reporting:

A federal appeals court has blocked a landmark judgment against the tobacco industry, allowing the companies to continue selling "light" and "low tar" cigarettes until their appeals can be reviewed.

The decision by the U.S. Court of Appeals for the D.C. Circuit also allows the companies to continue for now the advertising campaigns that a federal judge in August ruled were misleading.

Without comment, the appeals court granted the tobacco companies' request to put Judge Gladys Kessler's order on hold.

The story reports that the panel was split 2-1. Judges Sentelle and Randolph were in the majority. Judge Tatel dissented. Written and oral arguments in the appeal have yet to be scheduled.

This development should not be particularly surprising. Judge Kessler's rulings on claims against tobacco companies have repeatedly met with resistance from the D.C. Circuit, in this and other cases. This is just the latest example.

	[Jonathan Adler, November 2, 2006 at 6:22am] Trackbacks D.C. Circuit Stays Anti-"Light" Cigarette Order: The Associated Press is reporting: A federal appeals court has blocked a landmark judgment against the tobacco industry, allowing the companies to continue selling "light" and "low tar" cigarettes until their appeals can be reviewed. The decision by the U.S. Court of Appeals for the D.C. Circuit also allows the companies to continue for now the advertising campaigns that a federal judge in August ruled were misleading. Without comment, the appeals court granted the tobacco companies' request to put Judge Gladys Kessler's order on hold. The story reports that the panel was split 2-1. Judges Sentelle and Randolph were in the majority. Judge Tatel dissented. Written and oral arguments in the appeal have yet to be scheduled. This development should not be particularly surprising. Judge Kessler's rulings on claims against tobacco companies have repeatedly met with resistance from the D.C. Circuit, in this and other cases. This is just the latest example.