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Reflections on Remedies and Philip Morris v. Williams

21 Pages Posted: 6 Apr 2007  

Keith N. Hylton

Boston University - School of Law

Date Written: April 2, 2007

Abstract

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

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

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)

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