WILLIAMS v. RJ REYNOLDS TOBACCO CO.

CC 970503957; SC S059014 (Control); CC 970604457; SC S059248.

271 P.3d 103 (2011)

351 Or. 368

Mayola WILLIAMS, Personal Representative of the Estate of Jesse D. Williams, Deceased, Plaintiff-Appellant, and State of Oregon, acting by and through the Department of Justice, Cross-Appellant Cross-Respondent, v. RJ REYNOLDS TOBACCO COMPANY; Fred Meyer, Incorporated; and Philip Morris Companies, Inc., Defendants, and Philip Morris, Inc., nka Philip Morris USA, Inc., Defendant-Respondent Cross-Respondent. State of Oregon, Plaintiff-Appellant, v. American Tobacco Company, Inc., et al., Defendants, and Philip Morris, Inc., Defendant-Respondent.

Supreme Court of Oregon.

Decided December 2, 2011.


Attorney(s) appearing for the Case

James S. Coon , Swanson Thomas & Coon, Portland, argued the cause for appellant, Mayola Williams, and Stephanie Striffler, Senior Assistant Attorney General, Salem, argued the cause for cross-appellant-cross-respondent State of Oregon. James S. Coon filed the briefs for Appellant. With Stephanie Striffler on the briefs for cross-appellant-cross-respondent were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

William F. Gary , Harrang Long Gary Rudnick PC, Eugene, argued the cause for respondent-cross-respondent Philip Morris United States of America Incorporated. With him on the answering brief was Sharon A. Rudnick.

Lisa T. Hunt , Portland, filed a brief on behalf of amici curiae American Lung Association of the Mountain Pacific, American Cancer Society, Campaign for Tobacco Free Kids, Upstream Public Health and the Tobacco-Free Coalition.

Janine Robben , Oregon Crime Victims Law Center, Portland, filed a brief on behalf of amicus curiae Oregon Crime Victims Law Center.

Margaret Garvin , Executive Director, National Crime Victim Law Institute, at Lewis & Clark Law School, Portland, filed a brief on behalf of amicus curiae National Crime Victim Law Institute.

Before DE MUNIZ, Chief Justice, and DURHAM, KISTLER, WALTERS, and LINDER, Justices.


DE MUNIZ, C.J.

This is a certified appeal from the Court of Appeals. See ORS 19.405 (describing process for certification of appeal to this court). The dispute arises out of the case of Williams v. Philip Morris Inc., in which, in 1999, a jury awarded the Estate of Jesse Williams (the Williams estate) compensatory damages and $79.5 million in punitive damages for Philip Morris, Inc.'s (Philip Morris) fraud and...

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