Shares of Altria ( MO) were among the NYSE's top gainers Monday, rising 6% after the U.S. Supreme Court denied a government appeal to reinstate a potential $280 billion penalty against the cigarette industry. The civil racketeering case claimed that the tobacco industry deceived the public about the dangers of smoking. The Justice Department had hoped that the Supreme Court would review a U.S. appeals court decision that prevented the government from seeking the hefty penalty. In February, the appeals court said that the civil racketeering law allowed for financial penalties in criminal racketeering cases but not in civil cases. Shares of Altria, a Dow component, were recently trading up $4.36 to $75.02. Reynolds American ( RAI) shares gained $3.80, or 4.8%, to $82.54, while shares of Loews Corp. ( LTR), owner of tobacco company Lorillard Inc., rose $1.83, or 2%, to $90.13. Shares of Charles Schwab ( SCH) jumped 6% after the discount brokerage posted third-quarter results that topped forecasts. The company earned $207 million, or 16 cents a share, on sales of $1.14 billion. Analysts polled by Thomson First Call were expecting earnings of 15 cents a share on sales of $1.11 billion. A year ago, the company reported a loss of $41 million, or 3 cents a share, on sales of $1 billion. Last year's results included restructuring charges of $70 million and losses of $87 million stemming from discontinued operations. At the end of the third quarter, Schwab had total client assets of $1.17 trillion, up 16% from last year. The company's net new assets of $23.4 billion during the third quarter were up 80% from a year ago. Shares were recently trading up 83 cents to $13.96. Sears Holdings ( SHLD) rose 3% after the retailer said its board approved another $500 million share repurchase plan. The $500 million is in addition to the $66 million that Sears still has remaining under the $500 million buyback plan that it announced last month. Under the earlier program, Sears has bought about 3.65 million shares at an average cost of $118.86 a share. Shares recently rose $2.92 to $118.59.