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Headlines Tagged with Preemption 1,514 headlines found

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[Florida] RJ Reynolds Challenges Engle Tort Liability In Fla. Court ($$)

plaintiff Phil Marotta...successfully argued his strict liability claim in trial court... On appeal, R.J. Reynolds argues that the jury's conclusion should be overturned because the verdict either relies on a theory that all cigarettes are defective — an
Law360
added Oct 13, 2015 17:31
44 Views

[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
42 Views

[Florida] Justices Deal Blow To Tobacco Industry

Ruling in a Broward County case that involved the lung-cancer death of a smoker, the Supreme Court ruled that federal law does not prevent strict-liability and negligence claims in what are known as "Engle progeny" lawsuits in Florida.
WUSF (Tampa Bay, FL)
added Apr 10, 2017 15:50
41 Views

[Florida] Judith Berger v. Philip Morris USA, Inc.: ORDER (PDF)

Because PM USA acknowledges that I have already rejected many of its arguments, I discuss most fully PM USA’s argument that federal law impliedly preempts Mrs. Berger’s negligence and strict liability claims.
Amazon CloudFront
added May 9, 2016 10:47
41 Views

[Florida] 11th Circ. Says Fed. Law Blocks Claims In Engle Progeny Suit ($$)

said the claims wrongly imposed a duty on all cigarette makers that they breached every time they put a cigarette on the market. That result is inconsistent with Congress’ aim to give consumers the right to choose whether to smoke, according to the panel
Law360
added Apr 9, 2015 13:37
41 Views

[Florida] House adjourns committee without taking up bill to sheild tobacco industry

House Civil Justice Subcommittee adjourned its meeting early on Tuesday, with time to spare, but did not take up a bill intended to shield the tobacco industry from punitive damages in thousands of pending cases from injured Florida smokers.
Miami (FL) Herald blogs
added Mar 24, 2015 14:22
40 Views

[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
39 Views

[Florida] State Tobacco Litigation Not Subject to Federal Preemption

The Florida Supreme Court on Thursday unanimously rejected the idea that imposing tort liability against tobacco companies amounts to an unlawful ban on cigarettes. "Strict liability and negligence claims ... do not interfere with the regulation of adver
floridabiz.com (Daily Business Review)
added Apr 6, 2017 21:43
39 Views

[Florida] 2015 Legislative Session Preview: Big tobacco, Brecht Heuchan, and the most interesting food fight this Session

an issue already creating an economic boomlet for several Capitol lobbyists on both sides of the matter; an issue that may be the most interesting food fight of the 2015 Legislative Session. At issue is the decertified Engle v. Liggett Group class action
St. Petersburg (FL) Times blogs
added Mar 1, 2015 16:36
38 Views

[Florida] Jones Day argues that federal law on smoking lawsuits should preempt state laws

recently argued before the Florida Supreme Court that in Florida courts, the liability and negligence claims of smokers are preempted by federal law. Katsas was arguing for tobacco company R.J. Reynolds in a lawsuit filed by Phil Marotta whose father all
Florida Record (U.S. Chamber Institute for Legal Reform)
added Nov 21, 2016 16:31
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