Mayola WILLIAMS, Personal Representative of the Estate of Jesse D. Williams, Deceased, Respondent on Review,
v.
PHILIP MORRIS INCORPORATED, nka Philip Morris USA Inc., Petitioner on Review, and
RJ Reynolds Tobacco Company, Fred Meyer, Inc., and Philip Morris Companies, Inc., Defendants.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 11, 2007.
Decided January 31, 2008.
Attorney(s) appearing for the Case
On remand from the United States Supreme Court.*
William F. Gary, of Harrang Long Gary Rudnick P.C., Eugene, argued the cause and filed the brief for petitioner on review. With him on the brief were Sharon A. Rudnick, Eugene, and James E. Mountain, Jr., Portland.
James S. Coon, of Swanson, Thomas & Coon, Portland, argued the cause and filed the responses for respondent on review. With him on the responses were Raymond F. Thomas, Portland, Robert S. Peck, Center for Constitutional Litigation PC, Washington D.C., William A. Gaylord, of Gaylord Eyerman Bradley PC, Portland, Charles S. Tauman, Portland, Kathryn H. Clarke, Portland, and Maureen Leonard, Portland.
Steven C. Berman, of Stoll Stoll Berne Lokting & Shlachter P.C., Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association. With him on the brief was David F. Sugerman, Portland.
Janet A. Metcalf, Assistant Attorney General, Salem, filed the brief for amicus curiae State of Oregon. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, WALTERS, and LINDER, Justices.
Supreme Court of Oregon.
GILLETTE, J.
This matter is before us on remand from the United States Supreme Court. Previously, this court held (among other things) that certain federal constitutional limitations constraining punitive damage awards did not require a trial court to instruct a jury that it was not to use an award of punitive damages to punish a defendant for harms to persons who were not parties to the litigation. Williams v. Philip Morris Inc.,340 Or. 35...
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