State high courts tackle punitives.
Trial, March, 2005
Punitive damages are under attack again, this time in state supreme courts. The Center for Constitutional Litigation (CCL)--building on expertise it developed in U.S. Supreme Court cases like State Farm v. Campbell, Cooper v. Leatherman, and BMW v. Gore---is helping defend plaintiffs' rights to seek punitive damages.
Three recent cases are likely to shape the law for years to come in Oregon and California--and perhaps in other states.
Oregon Supreme Court
Philip Morris USA, Inc. v. Williams. On June 9, 2004, the Oregon Court of Appeals restored a $78.5 million punitive damages verdict against Philip Morris on behalf of a smoker's family. The ratio of punitive to compensatory damages was 96:1. CCL President Robert Peck and Litigation Counsel...
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