21 Pages Posted: 6 Apr 2007
Date Written: April 2, 2007
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.
Keywords: tort reform, remedies, punitive damages, Philip Morris, multiplier, class actions
JEL Classification: K00, K13, K41
Suggested Citation: Suggested Citation
Hylton, Keith N., Reflections on Remedies and Philip Morris v. Williams (April 2, 2007). Boston Univ. School of Law Working Paper No. 07-06. Available at SSRN: https://ssrn.com/abstract=977998 or http://dx.doi.org/10.2139/ssrn.977998