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

  • A Classic Oral Argument Passage: Today's New York Times article about Paul Clement, "Lawyer Opposing Health Law is Familiar Face to the Justices", reminds me of an interesti...
  • Frequency of Consecutive Opinions Release Days: I've taken a look at the number of opinion days in a given week from OT06 to OT10. In other words, I've taken a look at the number of times ...
  • Who is Roy W. McLeese?: This morning, as I was perusing next month's hearing list, I noticed a name I wasn't familiar with: Roy W. McLeese. It isn't unusual to see ...
  • 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....
  • New OT08 Term Stats : With 43 opinions released, the Court has now released just over half of the opinions it will release for the term. Lets take a look at some ...