ESTATE OF SCHWARZ EX REL. SCHWARZ v. PHILIP MORRIS

CC 000201376; CA A118589; SC S053644.

235 P.3d 668 (2010)

348 Or. 442

The ESTATE OF Michelle SCHWARZ, Deceased, by and through her Personal Representative, Paul Scott SCHWARZ, Petitioner on Review, v. PHILIP MORRIS INCORPORATED, a foreign corporation, Respondent on Review.

Supreme Court of Oregon.

Decided June 24, 2010.


Attorney(s) appearing for the Case

Maureen Leonard, Portland, argued the cause and filed the briefs for petitioner on review. With her on the briefs were Robert K. Udziela, D. Lawrence Wobbrock, Charles S. Tauman, and Richard A. Lane.

William F. Gary, Harrang Long Gary Rudnick P.C., Eugene, argued the cause and filed the briefs for respondent on review. With him on the briefs were Sharon A. Rudnick and Susan D. Marmaduke.

W. Eugene Hallman, Pendleton, filed a brief for amicus curiae Oregon Trial Lawyers Association.

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


WALTERS, J.

The Due Process Clause of the Fourteenth Amendment1 prohibits a jury from imposing punitive damages to punish a defendant directly for harm caused to nonparties. However, a jury may consider evidence of harm to others when assessing the reprehensibility of the defendant's conduct and the appropriate amount of a punitive damages verdict. Philip Morris USA v. Williams, 549 U.S. 346, 356-57, 127 S.Ct. 1057...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases