Tag Archives: Eleventh Circuit

Eleventh Circuit finds Tobacco Suits Preempted: Trouble for Future Public Health Regulations?

by Micah Berman — Sunday, Apr. 19, 2015

In a surprising ruling, a three-judge panel of the Eleventh Circuit ruled last week in Graham v. R.J. Reynolds Tobacco Company that strict liability claims and negligence claims in the long running Engle-progeny litigation are preempted by federal law. The decision, written by Judge Tjoflat, applied a broad reading of the implied preemption doctrine, concluding that […]