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Headlines Tagged with Preemption 1,540 headlines found

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[Illinois] Chicago Pre-Empted from Adopting Tobacco Tax

While Emanuel is proposing the implementation of these new taxes, Illinois state law prohibits the city of Chicago from enacting any such taxes. Generally, under Illinois state law, a home rule municipality is prohibited from imposing an excise tax on
CSP News (Convenience Store/Petroleum)
added Feb 3, 2016 22:18
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Tobacco Companies Claims Ruled Not Up to Snuff

A company’s ability to contest in federal court what it views as unfair oversight by a federal government regulatory committee is still subject to obstacles posed by the “standing doctrine” by which access to the courts is limited to cases and controvers
Lexology (uk)
added Jan 28, 2016 02:22
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[Florida] Tobacco Preemption Ruling to Get Full 11th Cir. Look

Whether Florida case law stemming from a decertified class suit creates a “flat ban” on cigarettes in conflict with federal legislation will be taken up by the entire Eleventh Circuit. The full U.S. Court of Appeals for the Eleventh Circuit voted Jan. 21
Bloomberg BNA (Bureau of National Affairs)
added Jan 27, 2016 00:17
48 Views

[Florida] 11th Circ. Scraps Engle Preemption Ruling, To Rehear Case ($$)

The Eleventh Circuit's ruling in Graham v. R.J. Reynolds et al., which had said federal law preempted those claims, marked a significant victory for the cigarette maker defendants. While it made clear that plaintiffs could continue to bring negligence an
Law360
added Jan 22, 2016 23:19
81 Views

[Florida] Tobacco Issue Pits State Vs. Federal Court

And now the tobacco lawyers may have to display some fancy footwork to the Florida Supreme Court, or they could lose without even reaching the dance floor. On Jan. 6, Fourth District Chief Judge Cory Ciklin asked the high court to answer a question he co
floridabiz.com (Daily Business Review)
added Jan 18, 2016 00:16
4 Views

[Iowa] Council to consider e-cig ban for Ames

A new ordinance drafted by Ames city staff may decide the future of how electronic cigarettes and other forms of nicotine vaporizers are regulated in the city of Ames. The ordinance will be given to the Ames City Council Tuesday for discussion and possib
Ames (IA) Tribune
added Jan 10, 2016 20:02
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Florida Supreme Court asked to clarify whether tobacco claims are preempted

whether a federal appeals court was right when it ruled that federal law preempts certain products-liability claims against cigarette makers, potentially affecting hundreds of cases in the state's courts. On Wednesday, Florida's Fourth Circuit Court of A
Reuters
added Jan 8, 2016 15:15
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[Florida] R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. PHIL J. MAROTTA (PDF)

We disagree with Graham, and we respectfully note what we believe to be flaws in its reasoning....Graham suggests that state and presumably local governments cannot ban a product that Congress has chosen to regulate. This blanket argument cannot withstan
Amazon CloudFront
added Jan 8, 2016 02:05
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Fla. Panel Asks Justices To Weigh In On Engle Preemption ($$)

appeals court asked the state Supreme Court to weigh in on the Eleventh Circuit’s recent finding that federal law preempts Engle plaintiffs’ strict liability and negligence claims, saying on Wednesday it disagrees that such claims are tantamount to bannin
Law360
added Jan 8, 2016 02:03
3 Views

ENVIRONMENTALIST TACKLES A FLORIDA LAW THAT PREEMPTIVELY BLOCKS SMOKING BANS

A week ago, Featherston launched an online petition to “allow Florida cities to pass a ban on cigarettes in public parks and beaches.” Only 120 people have signed the petition so far, but it’s gaining gradual traction across the state. “Cigarettes and s
Broward-Palm Beach (FL) New Times
added Dec 29, 2015 23:02
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