Oregon Supreme Court upholds punitives against Philip Morris.Agreeing with arguments made by the Center for Constitutional Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.
When a person begins a civil lawsuit, the person enters into a process called litigation. (CCL 1. CCL - Coral Common LISP.
2. CCL - Computer Control Language. English-like query language based on COLINGO, for IBM 1401 and IBM 1410. ) and a group of Oregon ATLA ATLA Association of Trial Lawyers of America
ATLA American Theological Library Association
ATLA American Trial Lawyers Association
ATLA Air Transport Licensing Authority (Hong Kong)
ATLA Avatar: The Last Airbender members, the supreme court of that state ruled in February that a $79.5 million punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. verdict against Philip Morris should stand. (Williams v. Philip Morris, Inc., Nos. CC 9705-03957, CAA Caa
See CCC. 106791, SC S51805, 2006 WL 242456 (Or. Feb. 2, 2006).)
The decision (as all prior decisions in this case) held Philip Morris fully accountable for its wrongdoing wrong·do·er
One who does wrong, especially morally or ethically.
wrongdo over a 40-year period in defrauding the American public about the dangers of smoking.
CCL and the Oregon lawyers represented the plaintiff and argued that the U.S. Supreme Court, in its 2003 decision in State Farm v. Campbell, did not set hard-and-fast ratios for limiting punitive damages and that the tobacco giant's "reprehensible" behavior in misleading the public about the dangers of smoking justified the jury's verdict.
"Philip Morris knew that smoking caused serious and sometimes fatal disease, but it nevertheless spread false or misleading information to suggest to the public that doubts remained about the issue," wrote Judge W. Michael Gillette W. Michael Gillette is an associate justice on the Oregon Supreme Court, beginning service in 1986. He is currently the justice with the most seniority on the bench. Education for the court.
A Multnomah County jury awarded punitive and compensatory damages to the family of a smoker who died of lung cancer in 1997. The plaintiffs claimed the defendant fraudulently hid the addictive qualities of cigarettes. The trial judge reduced the punitive damages award to $32 million, but the appeals court reinstated the original amount.
After the Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. initially denied review, Philip Morris took the case to the U.S. Supreme Court, arguing that State Farm set forth guidelines limiting punitives to no more than nine times compensatory damages. The High Court handed the case back to the state appeals court to determine whether the Williams award should be reconsidered in light of State Farm.
That court concluded that the award was not unconstitutionally excessive, and the Oregon Supreme Court upheld its ruling, citing the "extreme and outrageous circumstances" of the cigarette maker's conduct.
Calling the award "grossly excessive," Philip Morris said it intends to take the matter back to the U.S. Supreme Court.
"The Oregon Supreme Court closely tracked State Farm's constitutional analysis and made this a particularly unattractive case for further review," said CCL President Robert Peck. "The court focused on the cigarette manufacturer's fraudulent and reprehensible conduct, exposed by this case. That focus appropriately anchored Philip Morris's misconduct to the legitimate purpose of punitive damages."