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Ore. trial court to reconsider $100M tobacco case
Legal Blog News |
2010/06/28 08:59
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| pThe Oregon Supreme Court has ruled that Philip Morris does not have to pay $100 million in punitive damages to the family of a smoker who sued the tobacco giant over its low-tar cigarettes./ppThe case, however, is going to another jury to decide just how much the death of Michelle Schwarz from lung cancer in 1999 will cost Philip Morris — and legal experts say it could easily be another big award./ppA Multnomah County jury in Portland originally awarded the Schwarz family $150 million in March 2002 before the trial judge reduced it to $100 million./ppOn Thursday, the Oregon Supreme Court vacated the $100 million award and sent the case back to the trial court to reconsider the punitive damages after ruling the judge failed to properly instruct the jury./ppThe court said the judge should have told the jury it could not punish Philip Morris directly for harm caused to others besides Schwarz./ppBut the court also supported the trial judge, who had rejected jury instructions the tobacco company had requested./p |
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