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Big Tobacco's Preemption Args Can't Shake Engle Defeat

Law360, New York (August 11, 2016, 8:06 PM EDT) -- A Florida appeals court Wednesday upheld a judgment for a smoker's estate in an Engle progeny case, rejecting R.J. Reynolds and Philip Morris' arguments that federal law implicitly preempts relevant state-law tort claims and what the companies described as an effective ban on selling cigarettes.

A panel of Florida's Second District Court of Appeal refused to shake a trial win for James H. Lourie, the personal representative for the estate of Barbara Ruth Lourie. According to Courtroom View Network, James Lourie had claimed that cigarette makers Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. concealed the dangers of smoking while...

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