FL: Engle Tobacco Claims Not Preempted

On April 6, the Florida Supreme Court ruled, unanimously, that Congress’s decision to regulate, but not ban, cigarettes does NOT preclude tort claims under state law.  The court reached the opposite conclusion from a 2015 Eleventh Circuit case, which held tort claims undermine the decision by legislators to keep cigarettes on the market.  The Eleventh Circuit is schedule to review its holding en banc, and a final ruling is still pending.  Courtroom View Network has the story.