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Headlines Tagged with Preemption 1,514 headlines found

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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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PERDUE: It's time to fix Florida's problem with punitive damages

the bill clarifies that the Legislature's 1999 limitations on punitive damage calculations must apply to all pending cases filed after that law was enacted. This change was made for a simple but critically important reason — to protect all plaintiffs and
Ft. Lauderdale (FL) Sun-Sentinel
added Apr 10, 2015 21:38
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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] Big Tobacco's Preemption Args Can't Shake Engle Defeat ($$)

upheld a judgment for a smoker's estate in an Engle progeny case, rejecting R.J. Reynolds and Philip Morris' arguments that federal law implicitly preempts relevant state-law tort claims and what the companies described as an effective ban on selling ciga
Law360
added Aug 12, 2016 18:49
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[Florida] R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. PHIL J. MAROTTA (PDF)

We disagree with Graham, and we respectfully note what we believe to be flaws in its reasoning....Graham suggests that state and presumably local governments cannot ban a product that Congress has chosen to regulate. This blanket argument cannot withstan
Amazon CloudFront
added Jan 8, 2016 02:05
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Appellate Court Upholds Dismissal of New York City Graphic Point of Sale Tobacco Signs

The United States Court of Appeals for the Second Circuit today upheld a 2010 district court decision striking down a New York City resolution mandating that retailers who sell cigarettes display signs containing graphic health warnings.
Altria Group, Inc.
added Jul 10, 2012 14:17
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Tobacco industry re-ignites litigation fight with Florida's trial lawyers

The powerful cigarette industry re-ignited Florida’s tobacco wars Wednesday with a one-sentence bill that would strip away the right of thousands of Florida victims from collecting millions in damages.
Miami (FL) Herald blogs
added Feb 19, 2015 11:46
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[New York] TOBACCO v. NYC (PDF)

The district court held below that the resolution is null and void because it is preempted by federal labeling laws. We agree, and therefore affirm.
New York Law Journal
added Jul 12, 2012 16:04
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[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 7, 2017 16:38
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[California, Illinois, New York] E-Cigarette Class Action Suit Stymied by Federal Law

The judge ruled federal law superceded state regulations citing the [FDA]’s rule making e-cigarettes subject to the Family Smoking Prevention and Tobacco Control Act....tobacco products only need to carry a warning regarding the addictive properties of ni
National Law Review
added Nov 16, 2016 18:24
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