The New York Times > National > Appellate Court Backs Companies in Tobacco Case

This is a good thing. These enormous settlements are inappropriate and I'm pleased that a court has seen fit to negate this one. But the game is not over as this trial proceeds.

Don't you love the New York Times reporting here that is clearly designed to feed the present and upcoming controversies over the appointment of federal judges? The Times is quick to politicize the decision in this case as shown below:


"The requirement that companies give up profits might be acceptable under the criminal section of the RICO act, which has far higher burdens for proving culpability, Judge Sentelle wrote, but not under the civil section, which the government used in the lawsuit.
He was joined by Judge Stephen F. Williams; both judges were appointed by President Ronald Reagan.
In a dissenting opinion, Judge David S. Tatel, who was appointed by President Bill Clinton, said Judge Kessler had properly ruled the companies could be forced to give up their profits. He said that evidence in the case had shown that forcing the companies to relinquish profits would, in fact, "prevent and restrain" them from committing future violations because they would know to expect severe penalties for repeating such conduct."

The implication is clear for the Times. Republicans are soft on corporate crime. Democrats are the good guys. What nonsense!