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Punitive-award limits awaiting legal bellwether 

Denver-based appeals court to ponder possible cap on damages in federal cases
Jump to full article: Denver (CO) Post, 2004-01-13
Author: Jim Hughes / Denver Post Staff Writer

Intro:

One of the nation's most divisive legal debates is expected to be taken up in Denver today, when the 10th U.S. Circuit Court of Appeals considers whether a federal judge in Kansas should have assessed $15 million in punitive damages against two cigarette manufacturers in 2002.

The lawsuit, filed in Kansas by retired janitor and lifelong smoker David Burton, was the first product-liability lawsuit against tobacco companies to succeed in federal court.

It is also thought to be the first time a judge, instead of a jury, awarded punitive damages in a tobacco lawsuit.

Now, the suit is expected to become an important test case in the ongoing national controversy over whether there should be a federal limit on punitive damages.

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