Wednesday, September 3, 2008

First Set of Merits Briefs in Philip Morris v. Williams III

Cal Punitive Damages has posted links to the opening set of merits briefs in Philip Morris v. Williams III.   The Court granted review back in June on the first question presented:

"Whether, after this Court has adjudicated the merits on a party's federal claim and remanded the case to state court with instructions to "apply" the correct constitutional standard, the state court may interpose -- for the first time in the litigation -- a state-law procedural bar that is neither firmly established nor regularly followed."

The Court declined to review the second issue presented, namely the constitutional excessiveness of the punitive damages award.

- SBS

http://lawprofessors.typepad.com/tortsprof/2008/09/first-set-of-me.html

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