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Headlines Tagged with Preemption 1,514 headlines found

21 Views

[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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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
29 Views

[Florida] LETTER: RE: Graham v. R.J. Reynolds Tobacco Co., No. 13-14590 (PDF)

Dear Mr. Smith:...The Florida Supreme Court’s decision in R.J. Reynolds Tobacco Co. v. Marotta has no bearing on any live issue before this Court...Marotta rejected the preemption theory that Appellants abandoned here and adds nothing to the due process c
Amazon CloudFront
added May 3, 2017 20:13
2 Views

[North Carolina] Tobacco resolution passes

The Henderson County Board of Health passed a resolution Tuesday requesting the North Carolina General Assembly rescind preemption of tobacco regulation to restore local control over its policies. The seven board members present at the monthly meeting p
Hendersonville (NC) Times-News
added Apr 17, 2017 04:04
3 Views

TEXAS VIEW: Abbott shouldn’t battle with the locals

Do “the people” include those who vote for local officials who enact ordinances to protect them in the absence of state laws? So, cities pass smoking bans for bars and restaurants because the state wouldn’t.
Odessa (TX) American
added Apr 17, 2017 17:29
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
14 Views

Florida Supreme Court: Federal Law Does Not Preempt Engle Progeny Claims ($$)

affirmed trial court’s judgment in favor of an Engle progeny plaintiff after answering a certified question from a lower appellate court finding that federal law does not preempt negligence and strict liability claims because those claims do not hinder th
Lexis Nexis
added Apr 9, 2017 19:52
11 Views

Florida Supreme Court: Federal Law Does Not Preempt Engle Progeny Claims ($$)

Florida Supreme Court on April 6 affirmed trial court’s judgment in favor of an Engle progeny plaintiff after answering a certified question from a lower appellate court finding that federal law does not preempt negligence and strict liability claims beca
Lexis Nexis
added Apr 9, 2017 15:15
10 Views

[Pennsylvania] Pa. E-Cig Tax Battle Belongs In State Court, Vape Shop Says ($$)

A Pennsylvania vape shop challenging a state tax on “unsavory inventory,” including e-cigarettes and their components, argued Friday that the case should be moved from federal court back to state court, arguing that its questions regarding the U.S. Consti
Law360
added Apr 8, 2017 22:08
28 Views

[Florida] Smoker suits against Reynolds clear legal hurdle

Florida Supreme Court ruled unanimously Thursday that thousands of lawsuits can continue against R.J. Reynolds Tobacco Co. The decision appears to increase the odds that the U.S. Supreme Court may choose to address the legal disputes in the future. Reyn
Greensboro (NC) News & Record
added Apr 8, 2017 21:39
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