Climate Change Project

Table of Contents



Tobacco Cases

Guide to: Cipollone v Liggett Group, Inc. 505 U.S. 504 (US 1992)

Who are the Parties?

What are the Plaintiff's claims?

What is the procedural history?

What did the Circuit Court rule?

What was the verdict?

Why is 1964 an important year for tobacco?

What did the FTC do?

What did Congress do first?

What was the purpose of the 65 act?

What did the act require?

What is the preemption provision?

How long was the act good for?

How is the 69 act different from the 65 act?

What is the constitutional basis for federal preemption?

What are the police powers and how do they fit with preemption?

What is express versus implied preemption?

What standard for preemption for the 1965 Act

What standard for preemption for the 69 Act?

Why does petitioner claim no-preemption by 69 Act?

If preemption is not limited to "positive enactments", why doesn't this preempt all claims?

What is the central inquiry?

What is the majority's ruling on Failure to Warn?

What is the majority's ruling on Breach of Express Warranty?

What is the majority's ruling on Fraudulent Misrepresentation?

What is the majority's ruling on Conspiracy to Misrepresent or Conceal Material Facts?

How did this setup the current tobacco litigation?

Blackmum's Dissent

Scalia and Thomas' dissent


The Climate Change and Public Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster

Provide Website Feedback - https://www.lsu.edu/feedback
Privacy Statement - https://www.lsu.edu/privacy
Accessibility Statement - https://www.lsu.edu/accessibility