Analysis of the Latest Williams Tobacco Appeal to the Supreme Court

Adam Liptak of the New York Times breaks down the issues in Justices Look Anew at Case in Which Oregon Court Has Twice Rebuffed Them.  Here’s an excerpt:

The United States Supreme Court takes its name seriously, and itexpects lower courts to follow its instructions. But the Oregon SupremeCourt has twice refused to reduce a $79.5 million punitive damagesaward in the face of increasingly blunt directions from the nation’shighest court.

When the United States Supreme Court agreed tohear the Oregon case for a third time in June, many legal expertsassumed it did so to teach the lower court a lesson about which courthas the last word.

”The Oregon Supreme Court really hascontinued to be defiant in this case,” Benjamin C. Zipursky, a Fordhamlaw professor, said.

BGS