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#2,176
#2,176
Just randomly adding to the thread. I am taking a business ethics class and that was part of my homework.

How I love confusing people :D
 
#2,183
#2,183
Originally posted by milohimself@Oct 4, 2004 1:52 AM
Yeah, so I'm studying the Cipollone v. Ligget case of 1992. Isn't the clause that says federal law overrules state law in all events of preemption called the Supremacy Clause?
Click to expand...

Yeah, though...
 
#2,188
#2,188
... of existing Federal laws/ regulatory requirements. The plaintiffs had sued in State court under 2 main theories: #1 That the company was in violation of State advertising laws; and, #2 That the company had lied and witheld information from the public.

The Supremes ruled that the tobacco companies couldn't be sued for deceit because they'd violated the State adevertising laws, but only under the Federal law which covered the subject of warning labels. That killed Argument #1.

At the same time, however, they said that the tobacco company could be sued for lying and misleading the public, because that wasn't a matter of the specific Federal warning-label law, but of the general American common-law obligation of companies not to decieve the public about health and safety matters....

 
#2,190
#2,190
...the Supremes said, "Yes, these guys acted like pricks who put business ahead of social welfare and lied in the process,...."
 
#2,193
#2,193
It's not only rude from a legal standpoint, since, even in State Court, it's well known that Federal laws preempt State laws on the same specific subject.
 
#2,194
#2,194
As well it's sort of pin-headed, since these pricks didn't fail to follow the mere letter of some law, Federal or State,...
 
#2,195
#2,195
...but violated us each and all in a deeper, more profound, Common Law sense, by lying and withholding information in a way that endangered the public so that they could make a buck.
 
#2,198
#2,198
.... and the fact that Caveat Emptor is based on the idea that all the important information is out there for the buyer if they bother to look for it.
 
#2,199
#2,199
In other words, the difference between selling something and misrepresenting it, particularly when the misrepresentation has a chance of seriously harming the buyer without their knowledge of the true risk.

 
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