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Philip Morris, Wyeth Cases Mark Shift in U.S. Court’s Course 

Companies are in a slump at the normally business-friendly U.S. Supreme Court.

The high court’s order yesterday dismissing Philip Morris USA Inc.’s appeal of a $79.5 million smoker award left companies winless in the three biggest business cases resolved so far in the court’s 2009-10 term. The justices, who declined to rule on the Philip Morris case, said in earlier decisions that consumers can sue over “light” cigarettes and prescription drugs.

Those actions came from the same nine justices who only two years ago wrapped up the most pro-business term in decades, according to the U.S. Chamber of Commerce. . . .

The high court action is “disappointing because it allows the Oregon courts to get away with that sleight of hand,” said Richard Samp, chief counsel of the Washington Legal Foundation, which supported Philip Morris, the largest U.S. cigarette maker.

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