February 01, 2008

After being reversed twice by the U.S. Supreme Court, including in last term's Philip Morris v. Williams case (Oct. 26, 2006; Feb. 20, 2007; much more), the Oregon Supreme Court has once again reaffirmed the $79.5 million punitive damages award. Steenson has details. SCOTUS avoided addressing the issue of excessiveness of damages, so the Oregon Supreme Court's decision is a direct challenge to that jurisprudence. The Court is going to be faced with the need to write a "No, this time we really mean it" reversal, or effectively undo its precedents in the area. (Update: Turkewitz suggests the latter outcome is likely.)