United States First Circuit

Summary judgment for plaintiffs in suit involving state restrictions on sale and deliver of tobacco products is affirmed where federal law preempts the state regulation, but reversed where the state law ban on importing contraband tobacco had only a tenuous effect on delivery services and did not warrant preemption.

Appellate Information

• Decided 05/19/2006
• Published 05/19/2006

Judges

• HOWARD, Circuit Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul Stern, Deputy Attorney General, with whom G. Steven Rowe, Attorney General, Melissa Reynolds O'Dea, Peter B. LaFond, and Christopher C. Taub, Assistant Attorneys General, Office of the Attorney General, were on brief, for appellant.


• For Appellees:
  
• Ruth N. Borenstein, with whom Paul T. Friedman, Lawrence R. Katzin, Morrison & Foerster LLP, Michael A. Nelson and Jensen Baird Gardner & Henry, were on brief, for appellees.