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Headlines Tagged with Preemption 1,498 headlines found

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[Florida] Are You Ready For More Tobacco Litigation?

Tobacco cases — it’s the litigation that keeps giving. In a contentious en banc decision — there were three dissents, one of which chastised judges to “stick to our day jobs” instead of advocating for plaintiffs — the Eleventh Circuit found that smokers
Above the Law (blog)
added May 23, 2017 02:46
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[Florida] Takeaways from Tallahassee — Tobacco decision cheers one former judge

The appellate decision included a 226-page dissent from Judge Gerald Tjoflat.... That had former 1st District Court of Appeal judge Simone Marstiller, now in private practice, tweeting, “#DissentsIWontBeReading.” A tweet also came out under her law fi
SaintPetersBlog
added May 20, 2017 15:39
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[Florida] 11th Circuit Greenlights Smokers’ Suits Against Tobacco Companies

smokers who won a class action against tobacco companies can also file individual lawsuits. The court ruled 7-3 in favor of the smokers. There were some fireworks between the judges. Three wrote dissents. One called the process a “chaotic poker game” and
Daily Report
added May 19, 2017 21:13
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[Florida] Appeals Court Deals Blow To Tobacco Companies

appeals-court Judge Gerald Tjoflat wrote an encyclopedic 226-page dissent on the preemption and due-process issues..."it is clear that Congress would have intended to preempt Graham's strict-liability and negligence claims, rooted as they are in a broadly
WUSF (Tampa Bay, FL)
added May 19, 2017 21:12
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[Florida] Theresa Graham v. R.J. Reynolds Tobacco Company, et al.: En Banc Opinion (PDF) (248pp)

would have us presume that Congress established a right to sell cigarettes based on a handful of federal labeling requirements...We discern no “clear and manifest purpose” to displace tort liability... We AFFIRM the judgments against R.J. Reynolds and Phi
US Court of Appeals for the Eleventh Judicial Circuit
added May 18, 2017 16:49
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Engle Progeny Parties Dispute Significance Of Florida Supreme Court Ruling ($$)

The daughter of man who was awarded $2.75 million in an Engle progeny suit and the tobacco companies that initially appealed the verdict on May 1 filed briefs in the 11th Circuit U.S. Court of Appeals disputing the significance of a Florida Supreme Court
Lexis Nexis
added May 18, 2017 16:28
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[Florida] LETTER: RE: Graham v. R.J. Reynolds Tobacco Co., No. 13-14590 (PDF)

Dear Mr. Smith:...The Florida Supreme Court’s decision in R.J. Reynolds Tobacco Co. v. Marotta has no bearing on any live issue before this Court...Marotta rejected the preemption theory that Appellants abandoned here and adds nothing to the due process c
Amazon CloudFront
added May 3, 2017 20:13
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TEXAS VIEW: Abbott shouldn’t battle with the locals

Do “the people” include those who vote for local officials who enact ordinances to protect them in the absence of state laws? So, cities pass smoking bans for bars and restaurants because the state wouldn’t.
Odessa (TX) American
added Apr 17, 2017 17:29
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[North Carolina] Tobacco resolution passes

The Henderson County Board of Health passed a resolution Tuesday requesting the North Carolina General Assembly rescind preemption of tobacco regulation to restore local control over its policies. The seven board members present at the monthly meeting p
Hendersonville (NC) Times-News
added Apr 17, 2017 04:04
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ILLINOIS BILL WOULD ALLOW FOR CITIES TO IMPOSE ADDITIONAL TOBACCO TAXES

there’s a bill in the Illinois General Assembly that would reverse that law. H.B. 1241 was introduced by Rep. Michael J. Madigan, R-Chicago. If passed it wouldn’t mean Chicago’s added OTP tax, which never went into effect, would then suddenly become in ef
HalfWheel
added Apr 10, 2017 16:09
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