Lawyers for Philip Morris are fighting the award based, on, get this, the amount violates the Constitution.
I guess selling addictive, carcinogenic stuff to people on a daily basis and bullshitting them with manipulative advertising is more Constitutional?
Williams’s husband, Jesse, died at age 67 from lung cancer in 1997. The lawsuit said Jesse kept smoking Marlboros in part because of assurances from Philip Morris that cigarettes don’t cause cancer.
The 1999 punitive award by a Portland jury has grown to more than $140 million with interest. The award came on top of $821,485 in compensatory damages, an amount later cut to $521,485 because of Oregon’s limits on awards.
In a case now before the justices for the third time, Philip Morris is seeking a new trial and a reprieve from what would be a record payment in a smoker suit. The case is one of two involving Philip Morris on the Supreme Court’s 2008-09 calendar. The justices also are considering whether the company must face Maine smokers’ claims that it fraudulently portrayed “lights” as safer than other cigarettes. The justices are expected to rule by July in both cases.
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