Reflections on Remedies and Philip Morris v. Williams
This essay is a series of reflections on the implications of Philip Morris for the tort reform movement. I make an effort below to find a middle ground between the positions of the plaintiff and defendant in Philip Morris. That middle ground involves largely returning to the Supreme Court’s pre-Gore treatment of punitive damages and introducing new procedural devices for defendants to challenge awards. I close with a few observations on the implications of this case law for pain and suffering awards.
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Hylton, Keith N., "Reflections on Remedies and Philip Morris V. Williams" (April 2, 2007). Boston Univ. School of Law Working Paper No. 07-06 Available at SSRN: http://ssrn.com/abstract=977998
Contact InformationKeith N. Hylton
Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215