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Supreme Court opens term with tobacco preemption case.

Publication: Trial
Publication Date: 01-DEC-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Supreme Court launched its October 2008 term with oral arguments in Altria v. Good, reviewing whether the federal cigarette labeling act should preempt a case arguing that a tobacco company's claim that its light cigarettes were lower in tar and nicotine than the standard variety constituted fraud under a state unfair trade practices statute. (Altria v. Good, No. 07-562 (S. Ct. oral argument Oct. 6, 2008).)

"The court will decide whether to expand federal preemption and grant tobacco ... companies immunity by judicial fiat," said Arthur Bryant of the public interest law firm Public Justice.

"If it does, it will be making the same fatal mistake it made in Riegel--ignoring Congress's intent," Bryant said, referring to Riegel v. Medtronic, Inc., a decision last term in which...

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