With hundreds of tobacco cases at stake, another state appeals panel is urging the Florida Supreme Court to say enough already, we trashed this defense a decade ago.
The defense is implied federal preemption. Because Congress has sole authority to regulate cigarette sales, the thinking goes, states cannot ban them completely. Therefore, the tobacco industry argues the Florida Supreme Court wrongly decided against the Engle v. Liggett Group class action in 2006 while leaving an opening for individuals to refile.
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