Insurance
Jun. 2, 2009
Sustaining Damages
Some of the upcoming significant U.S. Supreme Court decisions on punitive damages will focus on jury instructions.
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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