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Philip Morris, Inc. v. Reilly

United States Court of Appeals for the First Circuit

312 F.3d 24 (2002)

Relevant factsFree

Massachusetts (defendant) required tobacco companies (plaintiffs) to disclose their long-guarded trade-secret ingredient lists as part of a public-health regulation; the companies sued, arguing the mandatory disclosure was an unconstitutional taking of their intellectual property without just compensation. The trial court agreed it was an uncompensated taking, an appellate panel initially reversed, and the full court then agreed to rehear the case.

IssueFree

Whether a regulation that deprives a party of intellectual property, such as a trade secret, can constitute a taking under the Fifth Amendment requiring just compensation.

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