Philip Morris Inc. v. Reilly
- Case Date: 5/22/2001
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On December 4, 2002, the U.S. Court of Appeals for the First Circuit in Boston issued a ruling that prevents Massachusetts from confiscating trade secrets worth billions of dollars. The decision was a victory for WLF, which filed a brief urging that the confiscation be enjoined. The court agreed with WLF that because Massachusetts is unwilling to pay for the property it is attempting to confiscate, its actions violate the Takings Clause of the Fifth Amendment. The court said that intangible property such as trade secrets is entitled to the same level of constitutional protection as is other forms of property.
More Information and Downloads:
11/2/2001: Download the Brief