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19 Nov 10:57 pm
Daily Record.com reports that "Internet and automated technology is claiming another casualty -- the law libraries in the Morris and Sussex
County Superior courthouses." For the full story, click here. A follow up story is available here.Visit NJLLA's web site at http://www.njlla.org.
20 Nov 7:30 pm
"Ex-Smoker Wins Against Philip Morris": Saturday's edition of The New York Times will contain an article that begins, "Legal experts predict
that thousands of tobacco lawsuits could gain momentum in Florida after a Fort Lauderdale jury ordered Philip Morris USA to pay $300 million to
a former smoker who says she needs a lung transplant."
13 Jun, 2007 12:41 pm
... the statute does not include simply complying with the law." Interestingly, the Court was willing to accept (for purposes of argument) Philip Morris's phony assertion that it had in fact been subject to an extraordinary degree of federal regulation. In doing ... and monitored." The Court stated
expressly that it could not distinguish the type of regulation to which Philip Morris claimed to have been subjected from the regulation of
other industries (including the drug and pesticide industries), and ...
31 Jan, 2008 12:57 pm
... to have a trial court deliver its proposed jury instruction unless the instruction is entirely unobjectionable. Philip Morris's proposed
jury instruction was far from entirely unobjectionable, according to Oregon's highest court, and ... Morris has forfeited any ability to object
to the jury's consideration, in assessing punitive damages, of the harm that Philip Morris caused to Oregon smokers other than the plaintiff.
Determining whether this particular punitive damages award is unconstitutionally ...
20 Feb, 2007 10:23 am
... Respondent, Williams' widow, represents his estate in this state lawsuit for negligence and deceit against Philip Morris, the manufacturer
of Marlboro, the brand that Williams favored. A jury found that Williams' death was caused by smoking; that Williams ... compensate the plaintiff or anyone else for damages caused by
the defendant's conduct." Id., at 283a. In Philip Morris' view, the result was a significant likelihood that a portion of the $79.5 million
award represented punishment for its having ...
11 Jul, 2008 12:49 pm
... harms actually suffered by strangers to the litigation. By restricting the permissible scope of harm and potential harm, the Philip Morris
decision now raises questions about whether full cost internalization is forbidden when establishing the amount of punitive ... the likelihood that the defendant would escape
compensating this particular plaintiff. And to those that worry that Philip Morris eviscerates optimal deterrence, consider cases like those
presented in the Supreme Court's TXO decision, ...
28 Aug 2:21 pm
... . P. Morgan Invented the American Supereconomy. I can't think of a single respect in which this phrase is accurate. Granted, Morris puts a
spotlight on the fabulous foursome--rather, threesome, since he never quite makes the case that Gould belongs ... best portrait in the book is one of a man not in the title, and whose
presence is only tangentially relevant to Morris' plot. That would be Frederick Winslow Taylor, father of "Taylorism," and "efficient
management," the dark progenitor of the modern ...
23 Feb, 2007 5:12 am
... damages, of 4-1 and 9-1. Since Stevens voted to affirm the decision of the Oregon Supreme Court in Philip Morris, for the reasons stated in
its opinion, this meant that a 100-1 ratio was within the bounds of acceptability to Stevens, and in accordance with ... be very bad news for corporate defendants if reckless conduct
injures others. For more on the subject: Court Tosses Philip Morris Verdict, And Further Confuses Punitive Damages Issue (this blog); More on
Philip Morris v. Williams (Point of ...
25 Apr, 2007 6:24 am
... on behalf of Public Citizen and others in support of the petitioners focuses its argument on the claim that Philip Morris is not a "person"
within the meaning of the statute, and disputes the claim that regulation of the tobacco industry has been ... subject to a federal regulatory regime, even a pervasive one." In its
brief on the merits, respondent Philip Morris details the lengthy history of the regulation of the tobacco industry and argues that the
requirements of the statute are satisfied not ...
31 Jan, 2008 4:37 am
... is set forth in this analysis I did in February 2007 in the wake of the last remand by the Supremes back to Oregon: Philip Morris Punitive
Damages Decision -- Why It Was Good For Plaintiffs Summarizing that post: The prior punitive damage case of State Farm v. ... case for a third time, and actually reaches the issue of
the ratio of punitive damages to compensatory, then Philip Morris will likely lose. Here is the history of the case: Jury verdict for $821,000
in compensatory damages and $79.5M in ...
31 Jan, 2008 7:35 pm
... much in Oregon today, but the ruling did help Philip Morris in California yesterday: The new blog "California Punitive Damages" provides
this post about a California Court of Appeal ... yesterday, that set aside a $28 million punitive damages award against Philip Morris based on
the U.S. Supreme Court's February 2007 ruling in the case ... opines that the result of today's Oregon Supreme Court decision against Philip Morris, holding under Oregon law that a partially valid proposed jury instruction can ...
31 May, 2006 7:47 pm
... the standards of that case, the Oregon Court of Appeals upheld its earlier decision. Upon further appeal from Philip Morris, the Oregon
Supreme Court agreed to review the Court of Appeals' decision. The Oregon Supreme Court (opinion here) upheld that ... see whether the U.S. Supreme Court shares the Oregon courts'
outrage at the decades of harm caused by Philip Morris' conduct or whether their outrage will be of a different sort. See the Tobacco Resource
Center's backgrounder and commentary on this ...
5 Feb, 2008 9:20 am
... to give a proposed jury instruction concerning whether the jury could use punitive damage to punish Philip Morris for the impact of its
misconduct on other persons, for independent state law grounds unrelated to the issues addressed by the US Supreme ... convince the public that doubts remained about whether smoking
actually was harmful to health. Near the end of trial, Philip Morris offered a proposed jury instruction that would have told the jury that it
could not use punitive damages to punish ...
24 May 6:59 pm
... terminally obtuse could believe that Palestinians will ever acquiesce to a state comprised solely of the West Bank and Gaza. Morris is
equally dismissive of those who believe that a so-called one-state solution might work in place of a ... might in fact have been ready for compromise. Take the Palestinian reaction to
the withdrawal of Israeli settlers from Gaza in 2005. The Morris camp would cite the rocket fire that followed the withdrawal as further proof
of unyielding Arab rejectionism. But the ...
21 Feb, 2007 4:18 am
... me understand his vision constitutional adjudication. But, I do understand some other important realities after Philip Morris: 1. At least
five members of the Supreme Court remain willing and perhaps eager to place significant constitutional ... 2. Philip Morris champions federal
judicial regulatory power over the authority of state juries and courts. In Philip Morris, a state jury decided that a corporation deserved to
be punished to the tune of $79.5 million; Oregon state courts ultimately found ...
14 Feb 10:08 am
... at William Welch II, chief of DOJ's Public Integrity Section; Brenda Morris, principal deputy chief of the section and lead prosecutor in
the case; trial attorney Kevin ... weed out these bad seeds? If not, why not? If Brenda Morris and William Welch II are engaging in
prosecutorial misconduct when litigating against Williams & Connolly, imagine what they are doing to less capable lawyers. (!) Morris and
Welch must to be stopped. Immediately. Here are my other posts about these two scoundrels: ...
11 May 1:37 pm
... and giving away trillions of dollars to the various gangs of criminals. Moreover, Dick Morris was once a Democrat who betrayed the
Clintons' trust for a book deal. Now he is a Republican ... Own Destruction: Obama's Hundred Days THE NIXATRON BLOG-TIMES Dick Morris and
Eileen McGann : How Obama's Socialism Works … No Triangulation Now by Dick Morris on Creators.com - A Syndicate … RESISTING O'S WORLD - STICK
TO YOUR GUNS, REPUBLICANS at … Heavy-Handed Politics POLITICO MAFIOSO: RESISTING O'S WORLD ...
22 May 4:00 am
... today, resigned, ending his eight-year tenure as chief marketing officer at Duane Morris. The handwriting was on the wall when regime
change occurred, and Shelly Bonovitz stepped down as ... a while, and that he felt he had nothing left to accomplish at Duane Morris. The firm
didn't have a CMO before it hired Schechter eight years ago, ... the marketing department basically from scratch. There were two obvious changes at Duane Morris that might have pushed Schechter out, but he and the firm denied that ...
20 Feb, 2007 7:55 am
... the court said the verdict could not stand because the jury in the case was not instructed that it could punish Philip Morris only for the
harm done to the plaintiff, not to other smokers whose cases were not before it. States must ... caused strangers,'' Breyer said. The decision did not address whether the size of the
award was constitutionally excessive, as Philip Morris had asked. Punitive damages are money intended to punish a defendant for its behavior
and to deter repetition. Chief Justice ...
12 Jun, 2007 1:32 am
... agency thereof, sued in an official or individual capacity for any act under color of such office . . . ." Philip Morris argued that it was
a "person acting under" US officers because intensive regulation of the tobacco industry makes tobacco companies the ... question: How will it look on the front page of national
circulation newspapers if the courts say that Philip Morris is the effective equivalent of the United States? Justice Breyer's opinion is
well-reasoned and faithful to the precedents, ...
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