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Insurance

Aug. 2, 2008

A Reversal of Fortunes

Since the Supreme Court's ruling in 'Campbell' in 2003, there has been much appellate activity in analyzing jury awards of punitive damages.

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.

FOCUS COLUMN

By Rex Heeseman
This article appears on Page 7

      The amount of punitive damages awarded cannot be premised upon Philip Morris' alleged harm to people other than the plaintiff. But the jury was not so instructed. Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007) ("Williams"), therefore vacated its award of $79.5 million in punitive damages, as the Oregon Supreme Court had "applied the wrong ...

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