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Headlines Tagged with Preemption 1,535 headlines found


R. J. REYNOLDS TOBACCO COMPANY, Petitioner, v. JAMES LEWIS, Respondent: On Petition For A Writ Of Certiorari To The Florida District Court Of Appeal For The Fifth District

2. Are strict-liability and negligence claims based on the findings by the class-action jury in Engle v. Liggett Group, Inc. preempted by the many federal statutes that manifested Congress’s intent that cigarettes continue to be lawfully sold in the
Jones Day
added Mar 18, 2018 02:28

[Connecticut] Federal Judge Finds Tobacco Claim Not Barred By Statute Of Repose ($$)

denied a tobacco company’s motion seeking an order that a plaintiff’s claims regarding negligence before 1992 be barred because the plaintiff’s claims fall within the “useful safe life” exception of Connecticut’s statute of repose (Vincent J. Bifolck v. P
Lexis Nexis
added Sep 28, 2017 18:24

[Florida] Tobacco Cos. Challenge Use Of Engle Findings In High Court ($$)

Tobacco companies are pitching their arguments that federal law bars smokers from using the landmark Engle tobacco class action's jury findings to establish strict liability and negligence claims once more, this time in three appeals to the U.S. Supreme C
added Sep 27, 2017 21:58

[Florida, Michigan] PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO COMPANY, Defendants/Appellants, vs. MARY HOWLES, Plaintiff/Appellee: APPELLEE’S ANSWER BRIEF (PDF)

A. Defendants Seriously Misstate and Ignore the Evidence Which Supported the Jury’s Compensatory Damage Award. PM and RJR state the compensatory damage award in this case is “grossly excessive” because it was more than “necessary” to compensate M
Fourth District Court of Appeal / State of Florida
added Mar 7, 2018 04:21

[Florida] Fla. Court Upholds $12M Punitive Damages In Tobacco Case ($$)

upheld a $12.3 million punitive damages award Friday in a suit by a woman whose mother succumbed to smoking-related ailments, ruling that the cap on punitive damages passed by the Florida Legislature in 1999 does not apply to Engle progeny plaintiffs.
added Sep 18, 2017 05:14

California appeals court affirms plaintiff judgment in tobacco case

affirmed a jury verdict that found Lorillard Tobacco Co partially liable for the death of a heavy smoker and awarded his widow $3.75 million in damages. The three-judge panel of the California Court of Appeal for the Second District, Division Eight, in a
added Sep 4, 2017 11:56

[California] RJR Unit Can't Shake $3.9M Wrongful Death Verdict On Appeal ($$)

A California appellate court on Wednesday upheld a $3.8 million verdict against an R.J. Reynolds Tobacco Co. subsidiary for contributing to a smoker’s death by negligently designing its cigarettes, holding that federal law does not preempt the smoker’s w
added Sep 1, 2017 13:54

California appeals court affirms plaintiff judgment in tobacco case

The three-judge panel of the California Court of Appeal for the Second District, Division Eight, in a unanimous decision on Wednesday said the trial court did not err in its jury instructions and federal law did not preempt the woman’s claims.
added Sep 1, 2017 03:07

[California] C.A. Upholds $3.8 Million Award Against Tobacco Company

Justice Rubin Declares That Federal Government Has Not Preempted Disputes Concerning Liability For Smokers’ Deaths, Rejects Contention That State Is Effectively Creating a Ban on Cigarettes
Metropolitan News-Enterprise (Los Angeles, CA)
added Sep 1, 2017 03:04

[Florida] FL smoking ban not so smoke free

That's right, 14 years after Florida banned smoking in restaurants and workplaces, lighting up remains perfectly legal on every local beach, ball field, park even playground! "I was under the assumption that they had the power to do that," said Mike Re
WPTV NewsChannel 5 (West Palm Beach, FL)
added Aug 25, 2017 21:25
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