Case Information

Betty Bullock v. Philip Morris USA, Inc.

Court of Appeal Case Nos. B164398, B169038 (Los Angeles - Second Appellate District, Division Three)

Court of Appeal Docket (2003-2008 proceedings)

Supreme Court Docket (2007-2008 proceedings)

Status: After the Court of Appeal issued its initial opinion in this case, the parties filed petitions for review in the California Supreme Court. On August 2, 2006, the Supreme Court ruled as follows:

Plaintiff Jodie Bullock's petition for review DENIED. Defendant Philip Morris USA, Inc.'s petition for review GRANTED. Further action in this matter is deferred pending the decision of the United States Supreme Court in Philip Morris USA v. Williams (Or. 2005) 127 P.3d 1165, cert. granted May 30, 2006, No. 05-1256, __ U.S. __ [126 S.Ct. 2329], or further order of this court. George, C.J., was absent and did not participate. Votes: Baxter, ACJ, Kennard Werdegar, Chin, Moreno, and Corrigan, JJ.

After the Williams case was decided, the California Supreme Court remanded the case for further proceedings in light of Williams. (Click here to read briefing and articles related to the : Philip Morris USA v. Mayola Williams case decided by the United States Supreme Court on February 20, 2007.) The Court of Appeal then ordered supplemental briefing, which was followed by an order inviting answers from the parties and assorted amici curiae to three questions regarding implementation of the Williams decision. Oral argument then took place on December 12, 2007, and the Court of Appeal issued its new opinion on January 30, 2008, ordering a retrial as to the amount, if any, of punitive damages to be awarded. Both parties filed petitions for review and both petitions were denied. Proceedings on remand in the trial court are underway.

Post-Remand Filings in the Court of Appeal through 2008

Supreme Court's En Banc Order (transferring case back to Court of Appeal with directions to vacate decision and reconsider case in light of Williams) - 5/23/2007
Bullock's Supplemental Brief on Remand - 7/16/2007
Philip Morris's Supplemental Reply Brief on Remand - 7/25/2007
Court of Appeal Letter Requesting Amici List - 7/24/2007
Court of Appeal Letter Inviting Supplemental Briefing - 8/08/2007
Philip Morris's Brief in Response to the Court's August 8, 2007 Questions - 9/24/2007
Bullock's Supplemental Brief - 9/24/2007
Amicus Curiae Brief of Arnold J. Levinson, Robert J. Nelson and the Consumer Attorneys of California - 9/24/2007
Amicus Brief of California Employment Lawyers Association - 9/24/2007
Amicus Brief of California Manufacturers & Technology Association - 9/24/2007
Amicus Brief of the Chamber of Commerce of the United States of America - 9/24/2007
Amicus Brief of the Civil Justice Association of California - 9/25/2007
Amicus Brief of the Association of Southern California Defense Council - 9/25/2007
Amicus Brief of Pacific Legal Foundation - 9/25/2007
Amicus Brief of Robert S. Peck - 9/25/2007
Amicus Brief of Tobacco Trial Lawyers Association - 9/25/2007
Response to Amicus Briefs of Philip Morris and Further Response to Court's August 8, 2007 Questions - 10/22/2007
Answers to Amicus Briefs - due 10/22/2007
Bullock's Further Supplemental Brief on Remand - 10/23/2007
Opinion on Remand - 1/30/2008
Petition for Review by Philip Morris - 3/10/2008
Petition for Review by Bullock - 3/11/2008
Answer to Petition for Review by Philip Morris - 4/01/2008
Answer to Petition for Review by Bullock - 4/02/2008
Reply to Petition for Review by Philip Morris - 4/11/2008
Reply to Petition for Review by Bullock - 4/14/2008

Prior Information/Filings

Supreme Court Docket (2006-2007 proceedings)

Appellant's Opening Brief - 4/30/2004
Respondent's Brief - 11/24/2004
Appellant's Reply Brief/Cross-Respondent's Brief - 9/06/2005
Cross-Appellant's Reply Brief - 11/14/2005
Opinion - 4/21/2006
Rehearing Petition by PM - 5/05/2006
Rehearing Petition by Bullock - 5/05/2006
Court of Appeal modification order - 5/17/2006
Petition for Review by PM - 5/31/2006
Petition for Review by Bullock - 5/31/2006
Unocal Amicus Letter - 6/19/2006
Answer to Petition for Review by PM - 6/20/2006
Answer to Petition for Review by Bullock - 6/20/2006
U.S. Chamber of Commerce Amicus Letter - 6/28/2006
Reply to Answer to Petition for Review by PM - 6/30/2006
Reply to Answer to Petition for Review by Bullock - 6/30/2006

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