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Schwarz v. Philip Morris - Backgrounder and commentary on Court of Appeals Decision 5-17-2006 

COMMENTARY

Mark Gottlieb, Director of the Tobacco Products Liability Project ("TPLP") at Northeastern University School of Law, emphasized that, "It is important to note that the basis for reversing the punitive damages award was not its size but rather a technical issue stemming from a one sentence jury instruction that a 5-4 majority of the Court believed should have been given. To think that omission of the instruction prompted this jury to issue a mere $150 million punitive damages verdict on behalf of victims of Philip Morris's fraud and negligence all over the country would seem absurd. Perhaps the Oregon Supreme Court will agree that the failure to include the instruction was, at most, harmless error."

Edward L. Sweda, Jr., Senior Attorney for TPLP noted that, "Because of its long history of wrongdoing in Oregon, Philip Morris still faces the likelihood of having to pay substantial punitive damages in this case."

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