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Headlines Tagged with Preemption 1,526 headlines found

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
31 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
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
20 Views

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
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