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Headlines Tagged with Preemption 1,541 headlines found

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[Kansas] As more cities and counties raise tobacco age, state lawmakers may be asked to intervene

As a group in Lawrence prepares a strong push for local regulations that would raise the minimum age for buying tobacco to 21, efforts may be underway at the state level to push for a law that would pre-empt the ability of local governments to enact such
Lawrence (KS) Journal-World
added Jan 1, 2018 03:00
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[Florida] SJUGGERUD: Builders and developers - and lawmakers - could lead way for smoke-free communities

Unlike nearly all other southeastern states, Florida prohibits local governments from regulating smoking under the Florida Clean Indoor Air Act (the “Act”). While the Act laudably regulates smoking inside of workplaces, the Act prohibits local governments
Florida Today
added Dec 22, 2017 15:21
24 Views

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

When there is no way to tell whether a prior jury found particular facts against a party, does due process permit those facts to be conclusively presumed against that party in subsequent litigation?
Jones Day
added Mar 18, 2018 02:35
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[Florida] R. J. REYNOLDS TOBACCO COMPANY, Petitioner, v. FLORENCE MONROE, Respondent: PETITION FOR A WRIT OF CERTIORARI

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 Uni
Jones Day
added Mar 18, 2018 02:26
6 Views

[California] Injunction, Civil Penalty For Illicit Cigarette Sales On Indian Land Upheld ($$)

A California court correctly imposed a $765,000 civil penalty against a man for illegal cigarette sales at two smoke shops on Indian land because neither federal law nor tribal sovereignty preempts the state’s regulation and enforcement of its laws regard
Lexis Nexis
added Oct 19, 2017 21:33
8 Views

5 insights about areas with the highest smoking rates in the u.s.

“It’s like there are two worlds now... Here are five insights from these experts about challenges and strategies for eliminating tobacco-related disparities across the country. For more, watch the full recording of the Warner Series: Tobacco Disparities
Truth Initiative (American Legacy Foundation)
added Oct 19, 2017 00:09
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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
6 Views

[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
33 Views

[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
Law360
added Sep 27, 2017 21:58
13 Views

[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
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