Smoker's widow seeks $79.5M award at high court
Lawyer Blogs
A cigarette maker and a smoker's widow squared off at the Supreme Court on Wednesday for the third time over a $79.5 million punitive damages award, but the real battle was between the justices and their counterparts on Oregon's high court.
Twice before, the Supreme Court has struck down the judgment against Altria Group Inc.'s Philip Morris USA and ordered the Oregon court to take another look at the case. Each time, the Oregon high court has upheld the award to Mayola Williams, the widow of a longtime smoker of Philip Morris' Marlboro brand.
In its latest appeal, Philip Morris contended the Oregon judges were essentially thumbing their noses at the Supreme Court. "We're here today because the Oregon court failed to follow this court's decision," Philip Morris' lawyer, Stephen Shapiro, told the justices.
Justice Stephen Breyer, who sided with Philip Morris in its last round, was more skeptical of the cigarette maker's arguments Wednesday.
At first, Breyer said, "I thought this was a runaround. I'm not sure I think that now."
At the same time, however, the justices worried that state courts could ignore Supreme Court rulings on constitutional issues.
"How do we guard against making constitutional decisions which are simply going to be nullified by some clever device?" Justice David Souter asked.
Robert Peck, Williams' lawyer, tried to allay the concern. "There was no sandbagging here," Peck said. "The Oregon Supreme Court did not act in bad faith."
Related listings
-
Junk-bond king among those seeking Bush pardon
Lawyer Blogs 11/29/2008Some high-profile convicts past and present are among more than 2,000 people asking President George W. Bush to pardon them or commute their prison sentences before he leaves office.Junk-bond king Michael Milken, media mogul Conrad Black and American...
-
Appeals court lets Vatican sex-abuse case proceed
Lawyer Blogs 11/25/2008A lawsuit can continue against the Vatican alleging that top church officials should have warned the public or authorities of known or suspected sexual abuse of children by priests in the Archdiocese of Louisville, a federal appeals court ruled Monda...
-
Bush says Citigroup deal needed to protect system
Lawyer Blogs 11/24/2008President Bush argued Monday that the government's dramatic rescue of Citigroup was necessary to "safeguard the financial system" and help the economy recover, and he said there could be more such moves if other institutions need help.Bush said he ap...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.