Jump to full article: CNN, 2009-07-31
Intro: The U.S. Justice Department won't seek a rehearing of a landmark decision this spring that found the tobacco industry violated federal racketeering laws, potentially increasing the odds that the controversy could make its way to the Supreme Court.
Tobacco companies involved in the litigation filed requests due Friday to have the matter heard by the full circuit court, but the Justice Department won't do the same.
"We will not be filing something today," said Justice Department spokesman Charles S. Miller. He declined to elaborate.
. . .
In legal documents filed Friday, the tobacco companies offered numerous arguments as to why the full court should rehear the matter, including legislative changes approved in June that they say will tighten federal oversight of the tobacco industry to the point that industry members aren't likely to violate federal racketeering laws again, mooting the panel's ruling.
British-American Tobacco raised other issues, saying the panel's decision conflicts with those of other federal appellate courts and the U.S. Supreme Court on the application of U.S. anti-racketeering laws to non-U.S. firms. It called the panel's ruling "a breathtaking extension" of RICO, the Racketeer Influenced and Corrupt Organizations Act, to a foreign company, and called for review to correct an "unwise and unwarranted" extension of the U.S. law to a foreign firm.
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