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'Philip Morris' Punitives Ruling May Contain Silver Lining for Plaintiffs

Special to Law.com

February 26, 2007

The U.S. Supreme Court's recent 5-4 ruling in Philip Morris USA v. Williams, overturning a $79.5 million punitive damages award in favor of a deceased smoker's widow, received an understandably upbeat reception from the business community. Yet, the decision is not an unmitigated disaster for plaintiffs seeking to recover punitive damages, writes appellate litigator and commentator Howard J. Bashman.

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