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WASHINGTON—The Supreme Court on Tuesday overturned a
nearly $80-million verdict intended to punish the Philip
Morris tobacco company for endangering the lives of
smokers, and set limits on how jurors can decide to make
big companies pay for wrongdoing.
The
court’s 5-4 narrowly written decision said that an
Oregon court had improperly let juries calculate the
harm done to many in deciding the damages paid to an
individual.
The
court ruled that the constitution’s due process clause
forbids a state to use punitive damages to punish a
company for injury that it inflicts upon others who are
“essentially, strangers to the litigation,” according to
the majority opinion written by Justice Stephen Breyer.
The case
was seen at the beginning of the term as one of the most
important business decisions the court under the new
Chief Justice John Roberts would make, and it was
clearly a victory for Phillip Morris and other big
companies. It continues the reasoning in the court’s
recent rulings that punitive damages—aimed at punishing
a company and deterring future wrongdoing—must be
proportionate to the wrong committed.
But in
sending the case back to
Oregon
courts for further litigation, the justices sidestepped
a decision that industry had most wanted: whether to set
a solid cap on how much could be awarded for punitive
damages, perhaps based on a specific ratio to the actual
damages done to the individual who brought the suit.
So both
sides in the case found something to like.
“This is
a really important case for the business community, and
a big win,” said Robin Conrad, senior vice president of
the National Chamber Litigation Center of the US Chamber
of Commerce. She said it would be valuable to insurance
companies, auto makers, pharmaceutical manufacturers and
others who have been hit with huge punitive damages
awards in recent years.
But
Robert Peck, the
Washington lawyer who represented the
Oregon
smoker’s widow who brought the suit, said the decision
“slays a dragon that didn’t exist.” He contended that
the jury didn’t calculate its large award on the number
of other victims but on the company’s profitability, and
predicted that the Oregon courts will “reaffirm” that
they “did the right thing.”
It is
unclear exactly how the jury decided how much money to
award in the case, and confusion at the Supreme Court
oral arguments foreshadowed the justices’ ultimate
decision. “Isn’t perhaps the better course to send this
back to them ... .” suggested Justice David Souter, who
voted with the majority to do just that.
The case
involved Jesse Williams, a
Portland
janitor who smoked at least two packs of Marlboros every
day for 45 years, and died of lung cancer in 1996.
Phillip Morris, now owned by Altria Group, had denied
during that time that its cigarettes were addictive and
at trial, lawyers for his estate told the jury to
consider the damage done to other smokers in Oregon.
The
lawyer for Williams’ widow, Mayola, told the jury to
“think about how many other Jesse Williamses in the last
40 years in the state of Oregon there have been.”
The jury
awarded Mayola Williams $821,000 in compensation, then
tacked on the $79.5 million punitive award. (Not all
states allow punitive awards; in Oregon, 60 percent of
the award goes to the state, Peck said.)
The
nearly 100-1 ratio of punitive damages to compensatory
damages is far outside the “single-digit” ratio the
Supreme Court has suggested in previous cases, but a
firm limit has never been set.
The
majority opinion issued Tuesday agreed with Williams
that the jury could hear evidence of harm to others to
show that a company’s conduct was reprehensible, which
could increase the punitive damages award.
But
Breyer wrote a “jury may go no further than this and use
a punitive damages verdict to punish a defendant
directly on account of harms it is alleged to have
visited on nonparties.”
Dissenting justices said they missed the logic.
The
majority “relies on a distinction between taking
third-party harm into account in order to assess the
reprehensibility of the defendant’s conduct—which is
permitted—from doing so in order to punish the defendant
‘directly’—which is forbidden,” wrote Justice John Paul
Stevens. “This nuance eludes me.”
The case
was sent back to the Oregon Supreme Court, which earlier
had upheld the large punitive award. Breyer wrote that
the application of the court’s standard may “lead to the
need for a new trial, or a change in the level of the
punitive damages award.” (The
Washington
Post) |