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Headlines Tagged with Preemption 1,540 headlines found

7 Views

Hawaii Health Law Includes Last-Minute Provision Benefiting Big Tobacco; Legislature Must Repair Damage

House Bill 1895, an otherwise well-meaning and worthy bill to fund needed kidney dialysis centers in the state, contains a last-minute provision, snuck into the bill behind closed doors by special interests without public discussion or review, that will g
Campaign for Tobacco-Free Kids (CTFK)
added Jul 14, 2018 00:03
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[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
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[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
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
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
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
16 Views

[Florida] Michigan Law Bars Smoker's $10M Award, Fla. Judges Hear

Two tobacco companies appealing a $10 million jury award...the trial judge erred in allowing the jury to award more than just compensatory damages since Michigan law, the state where Howles lived and smoked for most of her life, applies and doesn't allow
Law360
added Mar 7, 2018 04:12
1 View

[Florida] Lawmaker Looks To Give Locals Control Over Smoking

Right now, decisions about where smoking is allowed are left up to the state. But Senator Debbie Mayfield wants local governments to decide whether people should be allowed to smoke in public parks. “This bill gives authority to the municipalities and t
WFSU (Tallahassee FL)
added Mar 1, 2018 03:40
3 Views

[Tennessee] Ramsey sponsors bill to allow local governments to curb secondhand smoke

Local governments would have the option to regulate smoking more strictly than state law under a new bill sponsored by Rep. Bob Ramsey, R-Maryville. “As written today, state law is ignoring the will of the people in local communities who desire smoke-fr
Maryville (TN) Daily Times
added Feb 10, 2018 02:27
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