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Constitutional Law

Campbell University School of Law

1988

Torts

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Full-Text Articles in Law

Constitutional Law - Preemption Of State Common Law Actions Against Cigarette Manufacturers By The Federal Cigarette Labeling And Advertising Act: Have Smokers Taken Their Last Puff To Hold Tobacco Companies Liable Under A State Tort Claim? - Palmer V. Liggett Group, Inc., Lora B. Greene Jan 1988

Constitutional Law - Preemption Of State Common Law Actions Against Cigarette Manufacturers By The Federal Cigarette Labeling And Advertising Act: Have Smokers Taken Their Last Puff To Hold Tobacco Companies Liable Under A State Tort Claim? - Palmer V. Liggett Group, Inc., Lora B. Greene

Campbell Law Review

This Note will examine the Act and the scope of its preemption provision. In addition, this Note will illustrate how the Palmer court analyzed prior cases to elevate the immunity of cigarette manufacturers and will also review the status of the law prior to and after Palmer. The main thrust of this Note is how the Palmer decision, by driving another nail in the preemption coffin for state common law claims against cigarette manufacturers, effectively slammed the lid on these cigarette manufacturer liability suits and requires dismissal of future suits based on inadequate warning labels.