Appeals
On appeal, the Oregon Court of Appeals reversed and reinstated the $79.5 million judgment. Following the "guideposts" established in BMW of North America, Inc. v. Gore, the Court of Appeals examined whether the punitive damages were appropriate based on (1) the degree of reprehensibility of the conduct, (2) the disparity between the actual harm and the punitive damages, and (3) the difference between the punitive damages and civil penalties allowed in similar cases. While determining the reprehensibility of Philip Morris's actions, the court considered the length of the misinformation campaign and the number of people it had reached, concluding that its actions were so reprehensible that they justified punitive damages 97 times greater than the actual damages. The Oregon Supreme Court denied review.
The Supreme Court of the United States then granted certiorari, and in the 2007 decision vacated the Court of Appeals' judgment, and remanded the case to the Oregon Court of Appeals for that court to reconsider the amount of the punitive damages award in light of State Farm v. Campbell.
Read more about this topic: Philip Morris USA V. Williams
Famous quotes containing the word appeals:
“We tried pathetic appeals to the wandering waiters, who told us “they are coming, Sir” in a soothing tone—and we tried stern remonstrance, & they then said “they are coming, Sir” in a more injured tone; & after all such appeals they retired into their dens, and hid themselves behind sideboards and dish-covers, still the chops came not. We agreed that of all virtues a waiter can display, that of a retiring disposition is quite the least desirable.”
—Lewis Carroll [Charles Lutwidge Dodgson] (1832–1898)
“The poetry of heroism appeals irresistibly to those who don’t go to a war, and even more to those whom the war is making enormously wealthy. It’s always so.”
—Louis-Ferdinand Céline (1894–1961)
“Even an attorney of moderate talent can postpone doomsday year after year, for the system of appeals that pervades American jurisprudence amounts to a legalistic wheel of fortune, a game of chance, somewhat fixed in the favor of the criminal, that the participants play interminably.”
—Truman Capote (1924–1984)