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Chemical industry attorneys say a lawsuit recently taken up by the U.S. Supreme Court should clarify a legal question that is critical for companies involved in product liability suits: how much discretion should juries have in deciding the amount of punitive damages to be awarded a plaintiff. Industry groups say punitive damage awards that are far higher than the actual harm suffered by the plaintiff are unconstitutional because they violate due process.
At issue is Philip Morris v. Williams, a lawsuit filed against the tobacco company by the wife of a smoker who died of lung cancer. The Oregon Supreme Court upheld the jury's punitive damage award of $79 million, …