Score one for personal responsibility
The Supreme Court made a ruling this week that finally returns the responsibility for the damages of cigarette smoking back to where it belongs...with the individual who smokes!
"The Supreme Court yesterday took away almost $80 million awarded to the widow of a longtime smoker and threw into doubt the prospects of future high-dollar jury awards against businesses. A divided Supreme Court ruled 5-4 in favor of Altria Group, the parent of Richmond company Philip Morris USA and Kraft Foods, which contested an Oregon Supreme Court's upholding of an earlier verdict that forced the maker of the popular Marlboro cigarette to pay $79.5 million in damages. "
For lovers of freedom this ruling is doubly good news. Not only does the ruling put the onus of responsibilty back on the individual who chooses to light up (there is a reason cigarettes are called "cancer sticks") and it also throws into doubt the validity of those multi-million dollar judgements against the "deep pocket" corporations.
"Justice Stephen G. Breyer, writing for the majority, said a punitive-damages award based on a jury's desire to punish a defendant for harming those who are not parties to the lawsuit amounted to taking property from the defendant, which would be a violation of the constitutional right of due process. Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr., Anthony M. Kennedy and David H. Souter made up the rest of the majority. "
Admittedly, the Court could have done better...it could have stepped up to the plate and given everyone a definative set of guidlines to follow in settling future cases.
"The court's decision leaves U.S. juries to ponder punitive damages under this rule: The jury may consider actual or potential harm to others in deciding how reprehensible a company's conduct was, but may not punish the company for the harm caused to others. "The court took a big wooden spoon and stirred up the swamp, making the view muddier than ever," said Steve Emmert, chairman of the appellate practice subcommittee for the Virginia state bar's litigation section. "I am convinced that this ruling will lead to confused juries looking to confused judges for guidance."
However, it is a necessary start.
Back when I was younger, I too chose to smoke...even though I watched what they had done to my grandmother (who died from emphysema when I was in High School). However, no one forced me to smoke...it was a personal choice and no one should be held responsible for any problems I face as a result of that choice but me! It's part of being an adult.
"The Supreme Court yesterday took away almost $80 million awarded to the widow of a longtime smoker and threw into doubt the prospects of future high-dollar jury awards against businesses. A divided Supreme Court ruled 5-4 in favor of Altria Group, the parent of Richmond company Philip Morris USA and Kraft Foods, which contested an Oregon Supreme Court's upholding of an earlier verdict that forced the maker of the popular Marlboro cigarette to pay $79.5 million in damages. "
For lovers of freedom this ruling is doubly good news. Not only does the ruling put the onus of responsibilty back on the individual who chooses to light up (there is a reason cigarettes are called "cancer sticks") and it also throws into doubt the validity of those multi-million dollar judgements against the "deep pocket" corporations.
"Justice Stephen G. Breyer, writing for the majority, said a punitive-damages award based on a jury's desire to punish a defendant for harming those who are not parties to the lawsuit amounted to taking property from the defendant, which would be a violation of the constitutional right of due process. Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr., Anthony M. Kennedy and David H. Souter made up the rest of the majority. "
Admittedly, the Court could have done better...it could have stepped up to the plate and given everyone a definative set of guidlines to follow in settling future cases.
"The court's decision leaves U.S. juries to ponder punitive damages under this rule: The jury may consider actual or potential harm to others in deciding how reprehensible a company's conduct was, but may not punish the company for the harm caused to others. "The court took a big wooden spoon and stirred up the swamp, making the view muddier than ever," said Steve Emmert, chairman of the appellate practice subcommittee for the Virginia state bar's litigation section. "I am convinced that this ruling will lead to confused juries looking to confused judges for guidance."
However, it is a necessary start.
Back when I was younger, I too chose to smoke...even though I watched what they had done to my grandmother (who died from emphysema when I was in High School). However, no one forced me to smoke...it was a personal choice and no one should be held responsible for any problems I face as a result of that choice but me! It's part of being an adult.
Labels: Runaway Judiciary, Smoking Nazis
posted by The Lady Logician at
6:13 PM
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