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Headlines Tagged with Preemption 1,514 headlines found

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Smoke-free signage in public parks: impacts on smoking behaviour

States, especially those with a preemptive clause legislation, may benefit from incorporating smoke-free signage in public areas to protect community members from exposure to tobacco smoke, reduce littering, and denormalise smoking.
Tobacco Control
added Jul 16, 2017 00:33
10 Views

[California] RJR Unit’s Bid To Reverse $3.9M Wrongful Death Verdict Dims ($$)

the jury had found the cigarettes’ design was a key factor in a smoker’s death, casting doubt on the tobacco giant’s argument that federal law preempted...R.J. Reynolds is seeking to overturn a 2014 verdict finding that its subsidiary, Lorillard Tobacco..
Law360
added Jun 28, 2017 15:24
63 Views

[Florida, North Carolina] Ruling allowing Engle evidence in future trials makes it harder for tobacco companies in smoking lawsuits

Philip Morris USA spokesman Brian May said the more than 200-page dissenting opinion “provides strong legal ground for review by the U.S. Supreme Court,” May said. “Although we disagree with the decision, it will not meaningfully change the trial struct
Winston-Salem (NC) Journal
added May 24, 2017 03:12
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
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[Florida] 11th Circ. Buttresses Smokers' Claims Against Tobacco Cos. ($$)

Engle progeny plaintiffs dodged a federal-state court split that might have given the U.S. Supreme Court incentive to weigh in on whether plaintiffs could use the landmark tobacco class action's jury findings to buttress their strict liability and neglige
Law360
added May 24, 2017 03:05
22 Views

[Florida] 11th Circuit Finds Federal Law Does Not Preempt Engle Progeny Claims ($$)

ruled that federal law does not preempt smokers from filing negligence suits against tobacco companies and affirmed a $2.75 million verdict in an Engle progeny suit (Theresa Graham v. R.J. Reynolds Tobacco Co., et al., No. 13-14590, 11th Cir., 2017 U.S. A
Lexis Nexis
added May 23, 2017 12:35
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[Florida] Are You Ready For More Tobacco Litigation?

Tobacco cases — it’s the litigation that keeps giving. In a contentious en banc decision — there were three dissents, one of which chastised judges to “stick to our day jobs” instead of advocating for plaintiffs — the Eleventh Circuit found that smokers
Above the Law (blog)
added May 23, 2017 02:46
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[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
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
30 Views

[Florida] Appeals Court Deals Blow To Tobacco Companies

appeals-court Judge Gerald Tjoflat wrote an encyclopedic 226-page dissent on the preemption and due-process issues..."it is clear that Congress would have intended to preempt Graham's strict-liability and negligence claims, rooted as they are in a broadly
WUSF (Tampa Bay, FL)
added May 19, 2017 21:12
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