XML Feed for RxPG News   Add RxPG News Headlines to My Yahoo!   Javascript Syndication for RxPG News

Research Health World General
 
  Home
 
 Latest Research
 Cancer
 Psychiatry
 Genetics
 Surgery
 Aging
 Ophthalmology
 Gynaecology
 Neurosciences
 Pharmacology
 Cardiology
 Obstetrics
 Infectious Diseases
 Respiratory Medicine
 Pathology
 Endocrinology
 Immunology
 Nephrology
 Gastroenterology
 Biotechnology
 Radiology
 Dermatology
 Microbiology
 Haematology
 Dental
 ENT
 Environment
 Embryology
 Orthopedics
 Metabolism
 Anaethesia
 Paediatrics
 Public Health
 Urology
 Musculoskeletal
 Clinical Trials
 Physiology
 Biochemistry
 Cytology
 Traumatology
 Rheumatology
 
 Medical News
 Health
 Opinion
 Healthcare
  UK
  USA
   Medicare
  World
  India
  South Africa
  New Zealand
  Australia
  Canada Healthcare
  China Healthcare
  Africa
 Professionals
 Launch
 Awards & Prizes
 
 Careers
 Medical
 Nursing
 Dental
 
 Special Topics
 Euthanasia
 Ethics
 Evolution
 Odd Medical News
 Feature
 
 World News
 Tsunami
 Epidemics
 Climate
 Business
Search

Last Updated: Aug 19th, 2006 - 22:18:38

USA Channel
subscribe to USA newsletter

Medical News : Healthcare : USA

   DISCUSS   |   EMAIL   |   PRINT
Court upholds $79.5 mn ruling against tobacco giant
Feb 3, 2006, 15:38, Reviewed by: Dr. Priya Saxena

"Because this decision violates the rules set forth in State Farm, Philip Morris USA will once again seek review of this case by the US Supreme Court"

 
The Oregon Supreme Court Thursday upheld a $79.5-million punitive damages award given to the family of a smoker who died of cancer.

The court said that the award against tobacco giant Philip Morris was not excessive given the "extreme and outrageous circumstances" which saw the company continue to aggressively market cigarettes despite clear evidence of the cancer-causing properties.

The ruling upheld a 1999 award by a county court jury to the family of Jesse D. Williams, a janitor who died in 1997 of lung cancer at the age of 67. The lawsuit, known as the Williams-Branch case, was brought on behalf of Williams' family.

The county court jury awarded $821,000 dollars in compensatory or actual damages, which were reduced under state law to $521,000. The trial court reduced the punitive damages award to $32 million, but in a June 2002 ruling the Oregon Court of Appeals reinstated the original $79.5 million punitive damage award.

Altria Group Inc., the parent company of Philip Morris, said in a news release Thursday the award, which is 152 times the compensatory judgment, is grossly excessive and bears no reasonable relation to the compensatory judgment in violation of the US Supreme Court's decision in State Farm v. Campbell. In that 2003 decision, the US Supreme Court imposed limitations on the imposition of punitive damages and stated that, in cases involving substantial actual or compensatory damages, punitive damages generally should not exceed the amount of compensatory damages.

Later in 2003, the US Supreme Court granted review of the case, directed the Oregon Court of Appeals to vacate its June 2002 opinion and ordered reconsideration of the case in view of State Farm. However, the Oregon Court of Appeals, and now the state's Supreme Court, rejected the US Supreme Court's holdings regarding punitive damages.

"Because this decision violates the rules set forth in State Farm, Philip Morris USA will once again seek review of this case by the US Supreme Court," William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel, said in the release.
 

- Indo-Asian News Service
 

 
Subscribe to USA Newsletter
E-mail Address:

 



Related USA News

Profiles of serial killers have limitations
Concerns over abortion law in the US state of South Dakota
Lawrence Berkeley National Laboratory Opens the National Center for X-ray Tomography (NCXT)
States That Easily Grant Immunization Exemptions Have Higher Incidence Of Whooping Cough
Study calls for 39 percent more family physicians in USA
FDA safety alerts for automated external defibrillators occur frequently
Hospital Performance Results Do Not Always Reflect Patient Outcomes
US suicide rate drops as antidepressant prescriptions rise
FDA Counterfeit Drug Task Force's recommendations adopted
Rapid Approval of Gardasil Marks Major Advancement in Public Health


For any corrections of factual information, to contact the editors or to send any medical news or health news press releases, use feedback form

Top of Page

 

© Copyright 2004 onwards by RxPG Medical Solutions Private Limited
Contact Us