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Headlines Tagged with Preemption 1,514 headlines found

61 Views

[Florida] Eleventh Circuit Rejects Use of Engle Findings by Smoker's Estate

Such a duty operates, in essence, as a ban on cigarettes. Accordingly, it conflicts with Congress's clear purpose and objective of regulating—not banning—cigarettes, thereby leaving to adult consumers the choice whether to smoke cigarettes or to abstain."
Daily Report
added Apr 10, 2015 02:48
60 Views

[Florida] Editorial: Don't change law to limit damages for Big Tobacco

The Florida Legislature should beat back the tobacco industry’s latest attempt to avoid taking responsibility for misleading smokers about the dangers of its products....Lawmakers should make sure Floridians' right to a jury trial and to collect punitive
Tampa Bay (FL) Times
added Feb 27, 2015 09:42
57 Views

[Florida] Parker Waichman Comments on Tobacco Ruling: Engle May Now Be Used to Prove Smoking Injury Liability

"The recent majority opinion has followed what we have seen in the class litigation, in all court opinions, and what was decided in Engle," said Keith Gitman, Managing Attorney at Parker Waichman LLP.
PR Newswire
added May 24, 2017 03:12
56 Views

Big Win for Big Tobacco in Florida Smoking Case

"regulation of cigarettes rests on the assumption that they will still be sold and that consumers will maintain a 'right to choose to smoke or not to smoke...these specific, sweeping bases…we conclude frustrate the full purposes and objectives of Congress
Courthouse News
added Apr 10, 2015 02:40
51 Views

[Florida] Engle Plaintiff Asks Full 11th Circ. Panel To Mull Preemption

An en banc panel of the Eleventh Circuit should review the appeals court's recent finding that federal law preempts tort liability claims over cigarette smoking because Congress did not seek to ban the sale of cigarettes...Earl Graham, who had sued Reyno
Law360
added May 2, 2015 15:43
51 Views

[Washington] KING MOUNTAIN TOBACCO COMPANY, INC. v. ALCOHOL AND TOBACCO TAX

Enrolled members of federally recognized Indian tribes, as United States citizens, are subject to federal taxation unless explicitly exempted under federal law or by treaty. Fry v. United States, 557 F.2d 646, 647 (9th Cir. 1977). King Mountain is not exe
Leagle
added Feb 15, 2013 11:32
50 Views

[Florida] Cheap cigarette-cigars enticing adolescents

Dr. Barry Hummel warns filtered "cigar cigarettes" -- most of them fruit flavored -- are a rapidly increasing problem among local teenagers. In fact, he said, they are being used to introduce young people to smoking. Hummel represented the Tobacco Preve
Sebring (FL) News-Sun
added Jan 23, 2013 12:24
49 Views

[Florida] McNAMARA: What Were They Smoking? Why The Graham Court Was Wrong ($$)

the 11th hour decision by the Eleventh Circuit to vent its displeasure with a 10-year-old class decision sullies proper preemption inquiries, and baselessly burdens plaintiffs, like Graham.
Law360
added May 15, 2015 11:54
48 Views

[Florida] 11th Circ. Scraps Engle Preemption Ruling, To Rehear Case ($$)

The Eleventh Circuit's ruling in Graham v. R.J. Reynolds et al., which had said federal law preempted those claims, marked a significant victory for the cigarette maker defendants. While it made clear that plaintiffs could continue to bring negligence an
Law360
added Jan 22, 2016 23:19
46 Views

[Florida] Tobacco Preemption Ruling to Get Full 11th Cir. Look

Whether Florida case law stemming from a decertified class suit creates a “flat ban” on cigarettes in conflict with federal legislation will be taken up by the entire Eleventh Circuit. The full U.S. Court of Appeals for the Eleventh Circuit voted Jan. 21
Bloomberg BNA (Bureau of National Affairs)
added Jan 27, 2016 00:17
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