Constitutional Law

Punitive Damages Award Case Again Before Supreme Court

For the third time, the U.S. Supreme Court entertained oral argument in Phillip Morris USA’s challenge to a $79.5 million punitive damages award. Twice before, the high court has ordered the Oregon Supreme Court to reconsider the punitive damages award against the cigarette company. Twice the Oregon Supreme Court has found ways not to do so. Media reports said yesterday’s argument in Phillip Morris USA v. Williams was largely centered on ensuring that state courts followed U.S. Supreme Court directives. Fordham law professor Benjamin C. Zipursky told The New York Times that, “The Oregon Supreme Court really has continued to be defiant in this case.” But The Times and The Associated Press reported that some justices during oral argument didn’t seem to be troubled by the Oregon court’s latest ruling and cited Justice Stephen Breyer, who said, “I thought this was a runaround. I’m not sure I think that now.” Toward the end of yesterday’s arguments, it was also noted that Chief Justice John G. Roberts Jr. suggested that maybe the high court should just settle the matter itself by addressing and likely reducing the amount of the punitive damages award. 

Full post as published by ACS Blog on December 04, 2008 (boomark / email).