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SCHWARZ v. PHILIP MORRIS USA, INC.

000201376; A152354.

355 P.3d 931 (2015)

272 Or. App. 268

Paul Scott SCHWARZ, Personal Representative of the Estate of Michelle Schwarz, Plaintiff-Respondent, v. PHILIP MORRIS USA, INC., a foreign corporation, Defendant-Appellant, and Roths Iga Foodliner, Incorporated, Defendant.

Court of Appeals of Oregon.

Decided July 15, 2015.

Attorney(s) appearing for the Case

William F. Gary , Eugene, argued the cause for appellant. With him on the opening brief were Sharon A. Rudnick , J. Aaron Landau , and Harrang Long Gary Rudnick PC. With him on the reply brief were Sharon A. Rudnick and Harrang Long Gary Rudnick PC.

James S. Coon , Portland, argued the cause for respondent. With him on the brief was Swanson, Thomas, Coon & Newton.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.

The issue in this "low tar" tobacco case centers on a jury's award of punitive damages to plaintiff against defendant Phillip Morris USA, Inc. (Philip Morris). Following a trial in 2002, the jury awarded plaintiff $168,514 in compensatory damages and $150 million in punitive damages.1 However, concluding...

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