Leave a Comment

Federal laws about cigarette labels don't preempt state fraud claims, the Supreme Court says in the case about the lightness of "light" cigarettes.
Althouse — The case -- Altria Group, Inc. v. Good -- was just announced. It's 5-4, with the majority opinion written by Justice Stevens and the dissenting opinion written by Justice Thomas. There's no need to spell out the rest of the 5 and 4. If you care enough to want to know, you already know. ...

Legal Realism Again
TalkLeft — Discussing the SCOTUS' 5-4 decision that state law fraud claims are not preempted by federal labelling statutes, Ann Althouse notes: This is one of those cases where state law is preserved, yet no one extols the values of federalism. No one even says the word "federalism," as the liberal Justices decide in favor state power, and the conservative Justices worry about "non-uniformity." The tort plaintiffs will be able to go forward with their case, and the cigarette companies must take their lumps. Sounds like Prof. Althouse thinks ...

Impact of Wyeth v. Levine: High Court Refused To Wipe Out Consumers' Rights
ACSBlog: The Blog of the American Constitution Society — ... (2002), rejecting implied conflict preemption of state law claims that a boat engine was defective because it lacked a propeller guard. And just last year, in Altria v. Good, 129 S. Ct. 538 (2008), the Court refused to find implied conflict preemption of consumer-fraud claims against manufacturers of so-called "light" cigarettes. ...

The Impact of Wyeth v. Levine: High Court Refused To Wipe Out Consumers' Rights
ACSBlog: The Blog of the American Constitution Society — ... (2002), rejecting implied conflict preemption of state law claims that a boat engine was defective because it lacked a propeller guard. And just last year, in Altria v. Good, 129 S. Ct. 538 (2008), the Court refused to find implied conflict preemption of consumer-fraud claims against manufacturers of so-called "light" cigarettes. ...