News & Developments
Update: Philip Morris USA
Philip Morris USA v. Williams, No. 05-1256 (U.S. Feb. 20, 2007). The U.S. Supreme Court has vacated a $79.5 punitive damage award assessed against Philip Morris holding that the Constitution's Due Process Clause does not permit a jury to base such an award upon its desire to punish the cigarette manufacturer for harming persons who are not before the court. The Supreme Court held that such an award would amount to a taking of "property" from Philip Morris without due process because the Due Process Clause prohibits a State from punishing an individual without first providing an opportunity to present every available defense. Since the Supreme Court held that Oregon Supreme Court applied the wrong constitutional standard, the Supreme Court remanded the case without considering whether the award was constitionally "grossly excessive."
(Submitted by Daniel Kaufman of Bradley Arandt LLP)
