Wednesday, May 28, 2008

The Significance of Philip Morris v. Williams

In the most recent issue of the NYU Survey of American Law, Professor Michael Allen, Stetson University College of Law, published Of Remedy, Juries, and State Regulation of Punitive Damages: The Significance of Philip Morris v. Williams.  Part I of the article discusses the ways in which the Court limited punitive damage awards prior to Philip Morris.  Part II analyzes the Philip Morris decision itself in which the Court held that a jury award of punitive damages may not punish a defendant for conduct directed at non-parties.  Part III addresses how Philip Morris will affect punitive damages as a remedial device, its impact on state regulation of punitive damages, and its impact on juries.  Part IV concludes the article by discussing what constitutional issues may arise in the near future.  A full-version of the article may be read here.--Counseller/nm

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