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Case
Information
Philip Morris USA
v. Mayola Williams
United States Supreme Court
Case No. 05-1256
Supreme
Court Docket
Status: After
the jury in this case returned a multi-million punitive
damages award, the trial court denied defendant's new trial
motion but ordered a reduction of the punitive award on
the ground that it was unconstitutionally excessive. The
Court of Appeals reversed, reinstating the punitive verdict,
and, on February 6, 2006, the Oregon Supreme Court issued
its
opinion
affirming
the
decision
of the Court of Appeals.
The United States
Supreme Court granted certiorari and issued its
opinion
on February
20,
2007, remanding the matter to the Oregon courts for further
consideration in light of the court's analysis that due
process requires a court, upon request by the defendant,
to protect against the danger of an award that punishes
the defendant for harm the defendant may have caused to
nonparties. Click
here for a summary of the US Supreme Court's
decision.
On January 31, 2008, the Oregon Supreme Court issued its
opinion, again affirming the punitive award. The court concluded
that, although the defendant had invoked its due process
rights by proposing an instruction containing language correctly
anticipating the due process principles articulated by the
US Supreme Court, the defendant nonetheless was not entitled
to a new trial based on rejection of that instruction because
the proposed instruction contained certain additional language
that was not correct under Oregon state law.
Petitioner's
Brief - 7/28/2006
Respondents' Brief - 9/15/2006
Petitioner's Reply Brief - 10/16/2006
U.S.
Supreme Court opinion - 2/20/2007
Oregon
Supreme Court opinion on remand - 1/31/2008
Articles of interest:
May
30, 2006 article: Orders: Court to Hear Tobacco
Appeal
May
31, 2006 article: Supreme Court Will Hear Case
on High Punitive Damages
Prior filings:
Oregon Court of Appeals
Appellant's
Opening Brief on Remand -
9/03/2003
Court
of Appeals' Opinion -
6/09/2004
Oregon Supreme Court
Oregon
Supreme Court Opinion -
2/06/2006
United States Supreme Court
Petition
for Certiorari - 3/30/2006
Opposition
to Petition for Certiorari - 5/01/2006
Amicus
Curiae Brief of the Product Liability Advisory Council -
5/01/2006
Amicus
Curiae Brief of the United States Chamber of Commerce -
5/01/2006
Related
Opinion: Estate
of Michelle Schwarz v. PMI (Ore. Supreme Court) - 5/17/2006
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