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"Oregon high court to rule (again) on smoker-death case"

"Oregon high court to rule (again) on smoker-death case": Ashbel S. Green of The Oregonian provides a news update that begins, "The Oregon Supreme will decide tomorrow what to do with a $79.5 million punitive damage award against Philip Morris that has twice been overturned by the U.S. Supreme Court."

The Supreme Court of Oregon's ruling should become available online via this link by noon tomorrow.

You can access the U.S. Supreme Court's February 2007 ruling in the case at this link. Shortly after that ruling issued, law.com published an installment of my "On Appeal" column headlined "'Philip Morris' Punitives Ruling May Contain Silver Lining for Plaintiffs." It is unlikely that the Philip Morris ruling will contain a silver lining for this particular plaintiff, however. Rather, there's a strong likelihood that she will need to present her punitive damages claim to a new jury, which will not be allowed to consider one of the key arguments that likely caused the first jury to award $79.5 million in punitive damages on top of a compensatory damages award of $821,000.

Full post as published by How Appealing on January 30, 2008 (boomark / email).