U.S. Supreme Court agrees with U.S. Chamber that the FOIA exemption for “confidential” business information provided to the government is not limited to information that would cause competitive harm if disclosed
R.J. Reynolds Tobacco Co., et al. v. Engle, et al.
U.S. Supreme Court
1. Whether the Due Process Clause prohibits a state court from giving preclusive effect to a jury verdict when it is impossible to discern which of numerous alternative grounds formed the basis for the jury’s findings of wrongful conduct.
2. Whether, merely by invoking characterizations such as “fraud” or “negligence,” a plaintiff may evade federal preemption under the Supreme Court’s ruling in Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992), which holds that the Federal Cigarette Labeling and Advertising Act preempts state-law liability based, inter alia, on allegations that cigarette manufacturers failed to warn about the dangers of smoking or marketed cigarettes in ways that “neutralized” the federally mandated warnings.