United States Eighth Circuit

In a case arising out of a Canadian cigarette manufacturer's ongoing challenge to Arkansas's tobacco settlement legislation, denial of its motion for a preliminary injunction to enjoin Arkansas' Attorney General from removing it from the state's Approved for Sale Tobacco Products Directory and from enforcing a ban on its products is affirmed where the requested relief was barred by the Eleventh Amendment.

Appellate Information

• Decided 10/18/2006
• Published 10/18/2006

Judges

• MURPHY, Circuit Judge., Before MURPHY, HANSEN, and RILEY Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Leonard Violi, argued, Mamaroneck, NY (John R. Elrod, Todd P. Lewis, P. Joshua Wisley, Conner & Winters, Fayetteville, AR, Bruce W. Freeman, Conner & Winters, Tulsa, OK, on the brief), for appellant.


• For Appellees:
  
• Gary D. Wilson, argued, Washington, DC (Teresa Mars, Deputy Attorney General, Bradford J. Phelps and Eric Barkley Estes, Asst. Atty. Generals, Little Rock, AR, on the brief), for appellee.