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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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