A side-memo could also be more detailed, specifically iterating the kinds of organizations (like that Catholic aid society) that are intended to be exempted, thus precluding litigation.
Representatives of German industry denounced the decision, saying that it contained conditions, and therefore did not preclude future litigation.
This would follow the precedent of Big Tobacco, which in 1997 offered to put hundreds of billions of dollars on the table, and accept some regulatory restraints, to settle lawsuits for its past misconduct and effectively preclude new litigation.
But if the settlement, in effect, precludes private litigation, then $13 billion is not enough.
And the settlement with the Justice Department does not preclude almost certain additional litigation here and in Europe.
When asked about Mr. Bloomberg's criticisms, Errol Cockfield, a spokesman for Mr. Paterson, said the governor was involved in discussions with the state's Indian nations, those recognized by the state or the federal government, "to preclude the need for more endless litigation".
Today's filing with the United States Court of Appeals for the District of Columbia Circuit suggested that the department was committed to pursuing the litigation, although it did not preclude the possibility that negotiations could occur simultaneously with the new round of court proceedings.
"Paying this assessment does not preclude a grower from also advertising separately," Mr. Edelstein said, adding that the ruling "casts this whole area into confusion, which is likely to produce more litigation and more cases going up to the Supreme Court".
Innocence would preclude apology.
