Amicus briefs are legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter. The briefs advise the court of relevant, additional information or arguments that the court might wish to consider. Briefs can also focus the court’s attention on the implications of a potential holding on an industry, group, or jurisdiction not represented by the parties. The court has discretion to grant or deny permission of parties to file briefs as amici curiae. A well-written amicus brief can have a significant impact on judicial decision-making. Cases are occasionally decided on grounds suggested by an amicus, decisions may rely on information or factual analysis provided only by an amicus, and holdings may be narrower or broader than parties have urged because of a persuasive amicus brief.
Drafting amicus briefs is a large undertaking, which requires weeks of work negotiating involvement, coordinating potential participants, researching issues, recruiting authors, and editing drafts.
The Consortium’s most substantial technical assistance is the preparation of amicus curiae, or friend of the court, briefs in tobacco-related legal cases of national importance.
We prepared and filed or joined in several amicus briefs in key tobacco cases before the appellate courts of many states, as well as the U.S. Supreme Court, U.S. Courts of Appeals, and the U.S. District Court for the District of Columbia. These cases have included challenges to laws that preempt local smoke-free ordinances or preempt state regulation of tobacco distribution. Among the national organizations joining our briefs have been the American Medical Association, the National Association of County and City Health Officials, the National Association of Local Boards of Health, Americans for Nonsmokers’ Rights, and the Campaign for Tobacco-free Kids. Many state associations have joined our briefs as well, such as the Washington State Medical Association, the Kentucky Medical Association, the Montana Hospital Association, the Montana Public Health Association, the League of California Cities, and the California State Association of Counties.
World Trade Organization Dispute Panel
Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines (DS371) PDF, 122 Kb
March 27, 2009
Altria v. Good PDF, 178 Kb
June 18, 2008
» Read transcripts from this case PDF, 123 Kb
Philip Morris USA v. Mayola Williams PDF, 130 Kb
Sept. 15, 2006
Philip Morris USA, Inc. v. Mayola Williams PDF, 161 Kb
Oct. 9, 2008
» 
Listen to oral arguments (transcript included)
Price v. Philip Morris, Inc. PDF, 137 Kb
Nov. 1, 2006
Rowe v. New Hampshire Motor Transport (Supporting petition for Certiorari) PDF, 123 Kb
Oct. 5, 2006
Rowe v. New Hampshire Motor Transport PDF, 246 Kb
Aug. 21, 2007
» Read transcripts from this case online
American Cancer Society, et al. v. State of Montana PDF, 91 Kb
Supreme Court of Montana
Dec. 3, 2003
California v. RJ Reynolds PDF, 98
Kb
Supreme Court of California
July 2, 2003
Dayna Craft v. Philip Morris Companies, et al. PDF, 55 Kb
Missouri Court of Appeals, Eastern District
Jan. 20, 2005
Engle v. Liggett Group, Inc., et al. PDF, 75 Kb
Supreme
Court of Florida
June 4, 2008
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» 
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JTR Colebrook, Inc. v. Town of Colebrook PDF,
45 Kb
Supreme Court of New Hampshire
May 19, 2003
Lexington-Fayette County Food & Beverage Ass'n v. Lexington-Fayette Urban County Govt, et al. PDF, 508 Kb
Supreme Court of Kentucky
Jan. 23, 2004
Lorillard Tobacco Company v. American Legacy Foundation PDF, 1.4 Mb
Supreme Court of Delaware
Feb. 10, 2006
» Find oral arguments for this case online
» Listen to oral arguments: Segment 1 | Segment 2
Sullivan's Island v. Beachfront Entertainment PDF, 126 Kb
Supreme Court of South Carolina
Nov. 9, 2007
Tacoma-Pierce County Board of Health v. Entertainment Industry Coalition PDF, 96 Kb
Supreme Court of Washington
Sept. 29, 2004
In Re Simon II Litigation PDF, 91 Kb
U.S. Court of Appeals for the Second
Circuit
May 30, 2003
Philip Morris USA, Inc. v. City and County of San Francisco et al. PDF, 128 Kb
U.S. Court of Appeals for the Ninth Circuit
March 24, 2009
Roark & Hardee v. City of Austin PDF, 105 Kb
U.S. Court of Appeals for the Fifth Circuit
Mar. 7, 2007
Schwab v. Philip Morris USA (on petition to review ) PDF, 114 Kb
U.S. Court of Appeals for the Second Circuit
Oct. 20, 2006
Schwab v. Philip Morris USA (on review from order granting class certification) PDF, 66 Kb
U.S. Court of Appeals for the Second Circuit
Jan. 26, 2007
U.S. and Tobacco-Free Kids Action Fund v. Philip Morris USA PDF, 1.25 Mb
U.S. Court of Appeals for the District of Columbia Circuit
Nov. 26, 2007
United States of America v. Philip Morris USA PDF, 91 Kb
U.S. District Court for the District of Columbia
Aug. 24, 2005