LAW421 Week 1 Individual Assignment

Week 1 Individual Assignment (5 points)

Read the US Supreme Court opinion in the case Cipollone v. Liggett

(use scholar.google.com to search ‘cipollone v. liggett’ – make sure you choose legal cases not articles to search)

Also, read Read Case 2.1 on page 33 of The Legal Environment of Business.

After reading these, write a formal paper that addresses the item below. This is a FORMAL paper so your responses should read as a paper, not as answers to three questions. Make sure your paper is double-spaced and includes any references you might use (like the text). Conform to APA formatting guidelines where appropriate, but there are no word count requirements

What are the salient facts of Cipollone v. Liggett and what is the issue being addressed by the court?

What is the “procedural history” of this Cipollone v. Ligget (look it up, if you don’t know what is a procedural history)? (make sure you understand what “procedural history” means)

What is the doctrine of preemption?

How did the court’s decision in Cipollone relate to preemption? How would it affect your ability to sue tobacco companies for damages from smoking?