X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
COURT DROPS REVIEW OF TOBACCO VERDICT The California Supreme Court dismissed a huge tobacco case on Wednesday, deciding not to review a ruling that awarded $10.5 million in damages to a longtime smoker who developed lung cancer. The court’s unanimous vote lets stand a 6-month-old First District Court of Appeal ruling that gave Patricia Henley $1.5 million in compensatory damages and $9 million in punitive damages against Philip Morris USA, the country’s largest tobacco company. Kentfield solo practitioner Daniel Smith said Wednesday that he and Henley’s other attorneys had asked the court to dismiss the case earlier in the summer. The court originally took the case in April, but put it on hold pending disposition of a related issue regarding punitive damages in another case — Simon v. San Paolo U.S. Holding, S121933. But Henley’s appellate team argued that the issues in their case and in Simon were not the same, and the high court apparently agreed. Although Philip Morris could seek review by the U.S. Supreme Court, the case is apparently over in California. “This is huge,” Smith said. “It’s the first tobacco judgment in California to award compensatory and punitive damages and to become final.” Philip Morris’ lawyers at Arnold & Porter in Washington, D.C., and Los Angeles couldn’t be reached for comment. San Francisco jurors originally awarded Henley $50 million in punitive damages, but that was knocked down to $25 million by the trial judge. The appeal court later lowered it to $9 million. The case is Henley v. Philip Morris USA, S123023. — Mike McKee

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.