Court Orders New Trial In $28B Philip Morris Case

Law360, New York (February 1, 2008, 12:00 AM EST) -- A California appeals court has called for a new trial in an oft-cited case pitting lung cancer sufferer Betty Bullock against Philip Morris USA Inc., five years after a sympathetic jury ordered the tobacco giant to pay $28 billion in punitive damages.

Citing the due process clause of the Constitution's 14th Amendment, which prohibits grossly excessive or arbitrary punishment, a panel of California appellate judges agreed on Wednesday that a new jury should rehear the case.

The ruling was not all good news for Philip Morris,...
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