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Expert Analysis

What Were They Smoking? Why The Graham Court Was Wrong

Law360, New York (May 14, 2015, 8:38 AM EDT) -- The Eleventh Circuit's recent decision in Graham v. R.J. Reynolds Tobacco Co[1] departed from conflict preemption case law. The court preempted negligence and strict liability claims of Florida plaintiffs relying on the class findings sustained in Engle v. Liggett Group Inc.[2] The panel concluded that the Engle class verdict did not distinguish the brands or bases for finding cigarette makers liable, making it essentially a ban on selling cigarettes, which conflicted with congressional decisions not to ban such sales. The ruling threatens dozens of existing verdicts and millions in awards....

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