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Jump to full article: Philip Morris USA, 2002-09-25
Intro: A hallmark of plaintiffs' brief is its repeated attempt to evade substantive issues by mechanically raising baseless procedural arguments -- "waiver," "harmless error," "invited error," "law of the case." As a further diversion, plaintiffs' brief begins with a 70-page "statement of facts" that misrepresents the record, improperly seeks to prejudice defendants in the eyes of the Court, and presents supposed "facts" that plaintiffs never tied to the claims of any identifiable class member. (Pl. Br. at 11-81.)1 In any event, the errors raised here are essentially legal, not factual, in nature.
Defendants therefore will address the legal issues that actually determine this appeal.
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