The Supreme Court handed down an opinion today in Altria Group v. Good (opinion here) which will likely open the door for state-level suits against false advertising by cigarette companies.

Justice Stevens penned the majority opinion and was joined by Justices Kennedy, Souter, Ginsburg, and Breyer. Justice Thomas filed a dissenting opinion that was joined by the Chief Justice and Justices Scalia and Alito.

In a 5-4 decision, the Supreme Court struck down the cigarette-makers’ claim that federal labeling laws preempted state-level action against the content of those labels. See more of our analysis on the cases here and here.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • First Opinion Stats: As we wait for the first opinion of the term, I thought it would be interesting to take a look at the first signed opinion released in recen...
  • Opinions Released as a Percentage of Total Term Opinions: I've created a little chart that shows opinions released as a percentage of total opinions for a given term. For the current term, I've used...
  • Early OT09 Stats: I've finally finished the first edition of my OT09 statistics. First, the links: Term Index and Term Opinion Breakdown. Honestly, the nam...
  • More Sophisticated Reconferencing Statistics: A commentator on my last conferencing post picked up on an important part of the distribution question that I had intentionally omitted....
  • Westlaw Flag Colors for OT10 Cases: I've always thought it was funny that WestLaw handed out yellow flags like they were candy. I'm referring, of course, to "KeyCite Status Fla...