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WILLIAMS v. PHILIP MORRIS INC.

9705-03957; A106791.

92 P.3d 126 (2004)

193 Or. App. 527

Mayola WILLIAMS, Personal Representative of the Estate of Jesse D. Williams, Deceased, Appellant-Cross-Respondent, v. PHILIP MORRIS INCORPORATED, Respondent-Cross-Appellant, and RJ Reynolds Tobacco Company, Fred Meyer, Inc., and Philip Morris Companies, Inc., Defendants.

Court of Appeals of Oregon.

Decided June 9, 2004.

Attorney(s) appearing for the Case

James S. Coon, Raymond F. Thomas, Douglas A. Swanson, Portland, and Swanson, Thomas & Coon; William A. Gaylord, and Gaylord & Eyerman, P.C.; and Charles S. Tauman, Maureen Leonard, Kathryn H. Clarke, Portland, and Bennett, Hartman & Reynolds for appellant-cross-respondent.

William F. Gary, Sharon A. Rudnick, Eugene, James E. Mountain, Jr., Portland, and Harrang Long Gary Rudnick, P.C. for respondent-cross-appellant.

James N. Westwood, Scott E. Crawford, and Stoel Rives LLP, filed amicus curiae brief for Associated Oregon Industries.

David F. Sugerman, and Paul & Sugerman, P.C., and Steven C. Berman, filed amicus curiae brief for Alliance for Lung Cancer Advocacy, Support and Education; American Lung Association of Oregon; American Heart Association; American Cancer Society; and Oregon Trial Lawyers Association.

Thomas W. Brown, Portland, and Cosgrave Vergeer Kester LLP, and Robin S. Conrad, and National Chamber Litigation Center, Inc., filed amicus curiae brief for Chamber of Commerce of the United States of America.

Before EDMONDS, Presiding Judge, and ARMSTRONG and WOLLHEIM, Judges.

EDMONDS, P.J.

This case comes to us on remand from the United States Supreme Court. Philip Morris USA Inc. v. Williams, ___ U.S. ___, 124 S.Ct. 56, 157 L.Ed.2d 12 (2003). We previously reversed the trial court's reduction of the jury's award of punitive damages on plaintiff's fraud claim and remanded the case with instructions to enter judgment on the verdict. We affirmed on defendant's cross-appeal. Williams v. Philip Morris Inc.,

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