U.S. Supreme Court to scrutinize Oregon punitive damage award

Next Tuesday, October 31, the U.S. Supreme Court will hear oral argument in the latest of a series of  cases concerning the proper scope of punitive damages.  Philip Morris USA v. Williams was tried in Multnomah County Superior Court in 2002.  Plaintiff Mayola Williams claimed that the tobacco company misled her deceased husband about the danger of smoking, and received an awarded of $79.5 million in punitive damages.  Beginning with BMW v. Gore in 1996, the Supreme Court has issued a series of cases imposing Due Process clause limits on excessive punitive damages.  The Williams case has a particular focus on the extent to which punitive damages can be awarded as punishment for harm to persons other than the parties to the action.  The Court granted certiorari to address these questions:

1.  Whether, in reviewing a jury's award of punitive damages, an appellate court's conclusion that a defendant's conduct was highly reprehensible and analogous to a crime can "override" the constitutional requirement that punitive damages be reasonably related to the plaintiff's harm.
2.  Whether due process permits a jury to punish a defendant for the effects of its conduct on non-parties.

The briefs filed in the Supreme Court are available here.