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Altria Group, Inc. Vs. Good
Cites for this judgment
- US Supreme Court
- Dec 15, 2008
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Syllabus October Term, 2008 Altria Group, Inc. V. GoodSearch
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s express language or through its structure and purpose. See Jones v. RathSearch
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Bates v. DowSearch
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b). As determined in Cipollone v. LiggettSearch
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Group, Inc. , 505 U. S. 504 , and Lorillard Tobacco Co. v. ReillySearch
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that the express pre-emption framework of Cipollone and Reilly should be rejected. American Airlines, Inc. v. WolensSearch
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U. S. 219 , and Riegel v. MedtronicSearch
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J., filed a dissenting opinion, in which Roberts, C. J., and Scalia and Alito, JJ., joined. Altria Group, Inc. v. GoodSearch
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Opinion of the Court Altria Group, Inc. V. GoodSearch
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Supreme Court of the United States No. 07-562 Altria Group, Inc., Et Al., Petitioners V. StephanieSearch
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state-law cause of action. Relying on our decisions in Cipollone v. LiggettSearch
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Group, Inc. , 505 U. S. 504 (1992), and Lorillard Tobacco Co. v. ReillySearch
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s warning neutralization claim and thus found it expressly pre-empted. Brown v. BrownSearch
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Maryland v. LouisianaSearch
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U. S. 470 , 485 (1996) (quoting Retail Clerks v. SchermerhornSearch
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to occupy the legislative field, or if there is an actual conflict between state and federal law. Freightliner Corp. v. MyrickSearch
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Rice v. SantaSearch
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Petitioners also contend that the plurality opinion is inconsistent with our decisions in American Airlines, Inc. v. WolensSearch
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U. S. 219 (1995), and Riegel v. MedtronicSearch
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is a broad one. Morales v. TransSearch
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describes a more direct relationship, see Safeco Ins. Co. of America v. BurrSearch
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agency nonenforcement of a federal statute is not the same as a policy of approval. Cf. Sprietsma v. MercurySearch
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Cipollone v. LiggettSearch
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Cipollone , and it is in any event even more easily distinguishable from this case than American Airlines, Inc. v. WolensSearch
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s express pre-emption provisions. See also Rowe v. NewSearch
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Thomas, J., Dissenting Altria Group, Inc. V. GoodSearch
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Scalia, and Justice Alito join, dissenting. This appeal requires the Court to revisit its decision in Cipollone v. LiggettSearch
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s atextual approach to express pre-emption generally, Riegel v. MedtronicSearch
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b) of the Labeling Act specifically, Lorillard Tobacco Co. v. ReillySearch
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CTS Corp. v. DynamicsSearch
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Texas v. BrownSearch
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Whiteley v. PhilipSearch
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Swift & Co. v. WickhamSearch
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quoting Payne v. TennesseeSearch
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Sprietsma v. MercurySearch
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also have refrained from invoking the presumption in the context of express pre-emption. See, e.g. , Rowe v. NewSearch
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Engine Mfrs. Assn. v. SouthSearch
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Geier v. AmericanSearch
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invoked the presumption sporadically during this time frame. As the majority notes, ante, at 5, Medtronic, Inc. v. LohrSearch
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a)(1), and did not employ any presumption against pre-emption. Riegel v. MedtronicSearch
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of the presumption to determine that the regulations at issue were not pre-empted. See Consolidated Cigar Corp. v. ReillySearch
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The majority also relies on Bates v. DowSearch
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slip op., at 1) (quoting Oncale v. SundownerSearch
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