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Insurance

Jun. 2, 2009

Sustaining Damages

Some of the upcoming significant U.S. Supreme Court decisions on punitive damages will focus on jury instructions.

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.

An oral argument before the U.S. Supreme Court last December produced interesting questions and observations. Many accordingly anticipated a decision of some consequence. Instead, on March 31, in Philip Morris USA Inc. v. Williams (so-called "Williams II"), 2009 DJDAR 4838, the court, without any dissent or further comment, stated: "The writ of certiorari is dismissed as improvidently granted." Before analyzing the impact of this simple statement, some history is appropriate. In litigati...

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