Tobacco.org

• Tobacco punitive verdict stands 

The Supreme Court chose on Tuesday, after examining the issue for the third time, not to disturb a punitive damages verdict now totaling more than $150 million, won by the widow of a heavy smoker who died of lung cancer. The Court dismissed a new appeal by Philip Morris USA, saying it had “improvidently granted” review last June. The case, heard on Dec. 3, was Philip Morris USA v. Williams (07-1216). . . .

The marathon, however, apparently is not over yet. Philip Morris, at an earlier stage in the case, reserved the right to challenge a state law that requires that 60 percent of a punitive verdict goes to the state of Oregon. The company’s argument against that is that Oregon has achieved all of the proceeds it is entitled to have under the global settlement of a group of states’ lawsuit against the industry.

Mrs. Williams’ lawyers, backed by the Oregon attorney general, have argued that the tobacco settlement only applied to that specific case, and thus would have no effect on the verdict in her case.

Philip Morris said Tuesday, after the new decision, that it was pursuing this issue in a proceeding now in state court.

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