United States v. Philip Morris USA Inc.

MEMORANDUM OPINION

KESSLER, District Judge.

This matter is now before the Court on the United States’ Motion for Partial Summary Judgment Regarding Defendants’ Affirmative Defenses That the RICO Claims and Sought Relief Are Prohibited by the Tenth Amendment and Separation of Powers and That Defendants Are Not Jointly and Severally Liable for any Disgorgement Ordered by the Court (“Motion”). Defendants 1 have asserted as affirmative defenses that the Government’s RICO claims and the relief it seeks are prohibited by the Tenth Amendment and separation of powers principles. They also argue that…