Florida Supreme Court: Federal Law Does Not Preempt Engle Progeny Claims

Mealey's (May 16, 2017, 11:28 AM EDT) -- TALLAHASSEE, Fla. — The Florida Supreme Court on April 6 affirmed a trial court’s judgment in favor of an Engle progeny plaintiff after answering a certified question from a lower appellate court finding that federal law does not preempt negligence and strict liability claims because those claims do not hinder the sale of cigarettes, but go after the tobacco companies for their conspiracy to hide the dangers of smoking from the public (R.J. Reynolds Tobacco Co. v. Phil J. Marotta, No. SC16-218, Fla. Super., 2017 Fla. LEXIS 744)....

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