Sort by: Date added | Date Published | Most Viewed

Headlines Tagged with Preemption 1,539 headlines found

2 Views

UNTANGLING THE PREEMPTION DOCTRINE IN TOBACCO CONTROL (PDF)

Courts have generally recognized two types of implied preemption: (i) field preemption, where a law so thoroughly occupies a legislative field that it would be reasonable to infer that the legislature left no room for the lower government to supple-
Public Health Law Center (William Mitchell College of Law)
added Apr 19, 2018 16:28
5 Views

[West Virginia] Defendants Want Asbestos Plaintiffs Precluded From Raising Tobacco-Use Issues ($$)

Federal law prevents lung cancer and mesothelioma asbestos plaintiffs from arguing or presenting evidence that they lacked sufficient warning about the dangers tobacco use posed, four defendants told a West Virginia judge on April 13 (In re: Asbestos Liti
Lexis Nexis
added Apr 16, 2018 21:58
0 Views

[Idaho] Rexburg tobacco ordinance may be headed toward the ash tray

The future of a local tobacco ordinance is in doubt after a state bill raising the legal age to purchase or use tobacco products to 21 failed to make it out of committee during the legislative session. The Rexburg Tobacco21 ordinance passed with a unanim
EastIdahoNews.com
added Apr 5, 2018 19:11
4 Views

[Kansas] Judge bars Topeka city government from enforcing ordinance raising smoking age

Shawnee County District Judge Franklin Theis issued a permanent injunction Thursday barring Topeka’s city government from enforcing an ordinance its governing body approved in December banning the sale of tobacco products to adults ages 18 to 20.
Topeka (KS) Capital-Journal
added Mar 23, 2018 15:30
23 Views

R. J. REYNOLDS TOBACCO COMPANY, Petitioner, v. JAN GROSSMAN, Respondent: On Petition For A Writ Of Certiorari To The Florida District Court Of Appeal For The Fourth District

When there is no way to tell whether a prior jury found particular facts against a party, does due process permit those facts to be conclusively presumed against that party in subsequent litigation?
Jones Day
added Mar 18, 2018 02:35
8 Views

R. J. REYNOLDS TOBACCO COMPANY, Petitioner, v. JAMES LEWIS, Respondent: On Petition For A Writ Of Certiorari To The Florida District Court Of Appeal For The Fifth District

2. Are strict-liability and negligence claims based on the findings by the class-action jury in Engle v. Liggett Group, Inc. preempted by the many federal statutes that manifested Congress’s intent that cigarettes continue to be lawfully sold in the
Jones Day
added Mar 18, 2018 02:28
10 Views

[Florida] R. J. REYNOLDS TOBACCO COMPANY, Petitioner, v. FLORENCE MONROE, Respondent: PETITION FOR A WRIT OF CERTIORARI

Are strict-liability and negligence claims based on the findings by the class-action jury in Engle v. Liggett Group, Inc. preempted by the many federal statutes that manifested Congress’s intent that cigarettes continue to be lawfully sold in the Uni
Jones Day
added Mar 18, 2018 02:26
2 Views

[Georgia] Briant: Winterville’s proposed tobacco ordinance conflicts with state law

While Section 31-12A-12 of the Georgia Smokefree Air Act does allow a local government to adopt a local law prohibiting smoking in more public places than the state law, this law does not grant a local government the authority to adopt restrictions on re
Athens (GA) Banner-Herald
added Mar 8, 2018 03:27
4 Views

[Florida, Michigan] Fla. High Court Considers Daubert Standard In Asbestos Case ($$)

A mesothelioma sufferer urged the Florida Supreme Court on Tuesday to reinstate an $8 million verdict and keep a less strict standard for screening expert testimony in Florida despite a 2013 state law adopting a tougher standard. In oral arguments in Tal
Law360
added Mar 7, 2018 15:55
7 Views

[Florida, Michigan] PHILIP MORRIS USA INC. AND R.J. REYNOLDS TOBACCO CO., Defendants/Appellants, v. MARY HOWLES, Plaintiff/Appellee: INITIAL BRIEF OF APPELLANTS (PDF)

When a plaintiff is diagnosed in Florida with a latent disease that was caused by long-term exposure to a hazardous substance in another state where he or she used to live, the foreign state’s law applies.
Fourth District Court of Appeal / State of Florida
added Mar 7, 2018 04:25
Sign up for daily headlines All Headlines Featured Headlines U.S. Headlines International Headlines