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

  • OT 08 Term Statistics: With the release of several opinions this week, the Court has now released 26 opinions for the term. Its time to take a look at some of the ...
  • 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 ...
  • Advocate Scorecard for OT 09: I finished this a while ago but neglected to post it until now. Whoops? Anyways, here is the OT 09 advocate scorecard with win/loss record. ...
  • January Hearing List Released: The Supreme Court has released the Hearing List for the January sitting and you can find it here. Several high-profile advocates are back...
  • Supreme Court Releases Four Opinions; Ten Remain: The Supreme Court released four divided opinions today including a very interesting case rejecting an inmate's right to test the DNA used to...