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ESTATE OF SCHWARZ EX REL. SCHWARZ v. PHILIP MORRIS INC.

CC 000201376; CA A118589; SC S053644.

246 P.3d 479 (2010)

349 Or. 521

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

Supreme Court of Oregon.

Decided December 30, 2010.

Attorney(s) appearing for the Case

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

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

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

WALTERS, J.

The matter before the court is plaintiff's petition for reconsideration of our decision in Estate of Michelle Schwarz v. Philip Morris Inc., 348 Or. 442, 235 P.3d 668 (2010). On reconsideration, we clarify that the issue on remand is not whether defendant is liable for punitive damages, but rather what is the correct amount of those damages. We also address defendant's statement...

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