Reflections on Remedies and Philip Morris v. Williams
Keith N. Hylton
William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law
April 2, 2007
Boston Univ. School of Law Working Paper No. 07-06
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.
Number of Pages in PDF File: 21
Keywords: tort reform, remedies, punitive damages, Philip Morris, multiplier, class actions
JEL Classification: K00, K13, K41working papers series
Date posted: April 6, 2007
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