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High court considers punitives.(Philip Morris USA vs. Mayola Williams)
Business Insurance, November, 2006 by Hofmann, Mark A.
Byline: MARK A. HOFMANN WASHINGTON-The Supreme Court may use a tobacco liability case to determine whether due process guarantees allow a jury to levy punitive damages on a defendant for the effects of its conduct on people who are not a party to the suit. That was one of two questions presented to the high court last week as it heard arguments in Philip Morris USA vs.
Mayola Williams. The other question is whether, in reviewing a jury's award of punitive damages, an appellate court's conclusion that a defendant's conduct was highly reprehensible and analogous to a crime can override the constitutional requirement that punitive damages be reasonably related to the plaintiff's harm. The case centers on the Oregon Supreme Court's Feb. 2 ruling that upheld a...
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