StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Philip Morris USA v. Williams. Brief facts - Case Study Example

Comments (0) Cite this document
Summary
The facts of this case are that Williams who was the widow of a man who was a chain smoker for last four decades, smoking three packs of cigarettes daily and eventually died due to lung cancer in the year 1997 at a age of 55 years, she brought a suit against the tobacco major Philips Morris for misling her husband in particular and thousands like him in general to smoke their brand of cigarettes through attractive sales and marketing campaigns…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97% of users find it useful
Philip Morris USA v. Williams. Brief facts
Read TextPreview

Extract of sample "Philip Morris USA v. Williams. Brief facts"

Download file to see previous pages At initial trial the jury awarded her $821,485.50 as compensatory damages and $79.5 million as punitive damages in the case. However, the trial court on an appeal reduced the amounts to $521,485.50 and $32 million respectively. On an reverse appeal the Oregon Court of Appeals reversed the trial courts decision and upheld the earlier amount awarded by the jury as compensation. The Supreme Court of United States granted certiorari in the case, vacated the Court of Appeals judgment and sent back the case to the same court of appeal to reconsider the amount of punitive damages awarded in the case. In particular Supreme Court referring to the due process clause of the fourteenth amendment declined to grant punitive damages to individuals who were not part of litigation. In a third appeal before the Supreme Court by Philips Morris the court remanded the case back for re-trial.
The basic issues before the jury, trial court, court of appeal and the supreme court were varied. The Court had to decide that if compensatory and punitive damages are made out in the case and if they are maintainable and to be awarded then to what extent.
Ans. The basic jurisdiction in this lied till the Court of Appeal in the state of Oregon. ...
Ans. The case had been in the litigation process for ten years.
3. What is jurisdiction in relation to this case
Ans. The basic jurisdiction in this lied till the Court of Appeal in the state of Oregon. The deceased and the plaintiff belonged to that state. After that on further appeal and review petitions the case was tried by the Supreme Court of United States.
4. What is the relationship between the court system, litigation process, and jurisdiction
Ans. There is a threefold relationship between the court system, litigation process and jurisdiction. If we take the example of the present case then we see that the deceased and the Plaintiff(his wife) lived in the State of Oregon, so the jurisdiction of the district court lied in there case. Jurisdiction is of three types. Personal, Territorial and Subject matter. In this case the territorial jurisdiction was made out. The Court system is divided according to the jurisdiction of a State. First it's the trial Court of the State, then the Court of Appeal and further it can also be Supreme Court. The litigation process is said to be started from the trial Court and can go up to Supreme Court till the final decision has not been arrived at.
References
< www.findlaw.com > www.washingtonpost.com/wp-dyn/content/article/2008/12/03/AR2008120303377.html ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Philip Morris USA v. Williams. Brief facts Case Study”, n.d.)
Philip Morris USA v. Williams. Brief facts Case Study. Retrieved from https://studentshare.org/miscellaneous/1530116-philip-morris-usa-v-williams-brief-facts
(Philip Morris USA V. Williams. Brief Facts Case Study)
Philip Morris USA V. Williams. Brief Facts Case Study. https://studentshare.org/miscellaneous/1530116-philip-morris-usa-v-williams-brief-facts.
“Philip Morris USA V. Williams. Brief Facts Case Study”, n.d. https://studentshare.org/miscellaneous/1530116-philip-morris-usa-v-williams-brief-facts.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Philip Morris USA v. Williams. Brief facts

Case Brief : Terry v. Ohio

Ohio, 392 U.S. 1 (1968). This Case Brief will discuss the factual matrix of this case followed by the ratio decidendi as laid down by the hon’ble Supreme Court. This Case Brief also aims at answering some of the following questions: 1. Were Terry and the other men in violation of the Fourth Amendment? 2. What was the position of law before Terry v. Ohio? 3. What analysis did the court make in delivering the judgment? 4. What are the future effects of this Case on policing and law enforcement? Case Brief Factual Matrix In the instant case, the Petitioner sought a review of the judgment passed by the Ohio Supreme Court which affirmed the Petitioner’s Conviction in the lower Court for carrying a concealed weapon. The facts in brief...
4 Pages(1000 words)Case Study

Vaughan Williams: Facts about the Great Composer

....) as an initial soprano at compute 33 but consequently as a subsequent soprano at compute. Seemingly, Vaughan Williams created this alteration to fit his intended equilibrium, again centered on his specialist knowledge of every singer's tone. In fact, a conductor ought to never believe in generic classifications, for instance Soprano I and Soprano II, other than in matters of character and tessitura. Richard Strauss Although the extensive profession of Richard Strauss covered one of the mainly disordered eras in political, societal, and civilizing history of the planet, the musician kept his fundamentally Romantic artistic even into the era of TV, jet locomotives, and atomic explodes (Gilliam, 2000). He was born in Germany in the year 1864...
6 Pages(1500 words)Literature review

Case Brief: Wyeth v. Levine

...? Case Brief: Wyeth v. Levine Table of Contents I. Facts 3 II. Issue 4 III. Decision 4 IV. Reasons 5 References 8 I. Facts Wyeth markets the drug Phenergan, the generic name of which is promethazine hydrochloride, which is indicated for nausea, as an antihistamine medication. In its injectable form, it can be administered either as a drip, known as an IV-drip, or as a vein-injectable, in a procedure known as an IV-push. It is known that Phenergan can cause gangrene when it is able to get into the artery of a patient, because of its corrosive nature. Such is the case with the plaintiff Levine in this case, whose right hand and later the whole forearm was amputated following the entry of Phenergan into her artery by way of an inadvertent...
3 Pages(750 words)Essay

Terry v. Ohio Case Brief

...?Terry v. Ohio Case Brief The short of Terry v. Ohio can be explained as the U.S. Supreme Court decision that upheld the 4th amendment prohibition pertaining to unreasonable search and seizures. The decision of the court states that the 4th Amendment right is not violated when a police officer stops a suspect in the street and proceeds to frisk him even though there is no visible probably cause to arrest the person. Rather, the act of the police officer is done upon his or her suspicion that a crime may be undertaken because of a sense or reasonable belief that the person in question may be armed and presently dangerous. This was the decision that the courts reached when they read the facts of the case as per the petition of John W. Terry...
3 Pages(750 words)Case Study

R. Williams Construction Co. v. OSHRC

...? WILLIAMS CONSTRUCTION CO. V. OSHRC Introduction The case anchors on the laws and policies of OSHRC – an occupations Health and Security Regulation. The act aims to guarantee employees safety and security while at work. The regulations in the act are implemented to aid reduce the percentage of workstation deaths and injuries. In the Williams construction industry case, the company was subjected to some investigations following the collapse of a trench that caused the death of one worker and acute injuries of another employee. After a serious investigation, the company was charged with some Occupational Safety and Health offences, which lead to expensive penalties. Discussion The paper will investigate the Williams construction company...
4 Pages(1000 words)Research Paper

Complete case brief of Nix v. Williams

... Case brief of Nix v. Williams Facts The defendant, Mr. Williams was apprehended and his rights regarding the murder of the child were read to him – after giving information that led law enforcement personnel to the recovery of the body of the victim. The officer that collected the information from him had passed it to officials that had been continuing the search. The statements made by Williams were not admissible as evidence at the court during a trial, but the recovered body, the information from chemical and medical tests, and photographic information were admitted as evidence against him. During the trial of Williams, the court held that, even in the case that Williams had not made the informative statements to the officer; the body...
4 Pages(1000 words)Case Study

Philip Morris Co

Production of a good quality product, testing it properly, marketing it in a proper way ensuring that no unethical means are used are some of the aspects of business ethics. In short, business ethics are the rules to ensure that the business causes no harm to other businesses, people and society in any way, be it morals and values or any other way.
Being such a big international organization, Philip Morris holds great social responsibility. Adding to it the fact that it is a tobacco company, this social responsibility is even doubled. Many ethical issues are posed on it every day and the way it tackles these issues and makes its decisions accordingly, is one of the main factors that make it the leader of the tobacco market.
13 Pages(3250 words)Case Study

Case Brief - McGurn v Bell

...Case Brief RE: McGurn v. Bell Microproducts, Inc. Facts George McGurn met with the president of the Bell microproducts who gave the position of the company. At that meeting, gave a condition that for him to take the employment offer by Bell, he should be issued with a contract in the written form inclusive a termination clause specifying that in case his contract was terminated he will be given half his commissions plus six months’ salary. Following several discussions with an official from Bell, Bell issued him with a contract devoid of the termination clause which he rejected. During one of these discussions, McGurn said that a termination clause covering his initial twenty four months of service was considerable which he says Bell did...
2 Pages(500 words)Essay

Case Brief U.S v. Hinkley

...Case Brief U.S Vs Hinkley Facts On March 30, 1981, a man d John W. Hinckley Junior shot the then US President Ronald Reagan in an attempt to assassinate him. During the process, he hit and wounded four people who were present on the scene: President Reagan, the Presidential Press Secretary, a Secret Service Agent and a Metropolitan Police Officer. Hickley was immediately arrested and subsequently faced trial for prosecution in the Legal Court of the Columbia district of the USA. Hinckley’s lawyers argued that he was suffering from schizophrenia and his actions were a result of his impaired mind. The defense attorneys also presented medical evidence in the Court which supported their claim. On July 21, 1982, the jury acquitted Hinckley...
2 Pages(500 words)Essay

Altria Group Inc. (MO) and Philip Morris International, Inc. (PM)

... Altria Group Inc. (MO) and Philip Morris International, Inc. (PM) Altria Group Inc Altria Group Inc. is one of the leading tobacco companies in the world. It is a multinational corporation based in Henrico County, Virginia in United States. Since its inception the company has been able to acquire several other companies with the aim of diversifying its operations and improving its competitive advantage in the market. For instance, in 2009, the firm acquired UST Inc, which is a smokeless manufacturer (Freudenberg 69). The company was created from Philip Morris Companies Inc. This was meant to expand the market base to different parts of the country. Over the years, the company has introduced different product lines with different brand...
2 Pages(500 words)Essay

Towards the Comparison of Specialized Courts in USA and India

Without specialized courts, resolution of complex matters would have been stalled and progress dampened.

Both countries have high educational standards and believe in an informed judiciary who are experts in their fields and these courts are presided by such persons. Justice is speedy in both cases and both give their judges penal and punitive powers.

Although there are many similarities, yet there are some differences both in content and in approach. Whereas the US believes in a more liberal outlook, giving greater emphasis to Human Rights, India lags behind due to its colonial and cultural legacies. The redeeming feature is that lead by its own global status as a growing economic power, it is trying to shed...
12 Pages(3000 words)Case Study

Informal v. Formal Remittances

In this case, the transfer of money across the borders becomes an issue of primary importance for many families internationally (especially when these families are located in developing countries). In practice, it has been found that the transfer of money internationally can present significant failures especially when the firms involved do not take the appropriate measures for the protection of the consumer. However, in the case of workers, such an outcome can lead to severe consequences (the financial support of the family faces a delay within unknown outcomes). In the literature, the transfer of money across the world has been an issue extensively analyzed. Most of the relevant studies prove that the lack of appropriate technol...
37 Pages(9250 words)Assignment

Analysis of the Case of Hickman v Kent or Romney Marsh Sheepbreeders Association Ltd

There were several basic legal provisions that gave direction to the formation of a company in the United Kingdom. It has its original foundation in 1844 when the Joint Stock Companies Act1 1844 was formulated. It has given regulations for facilitating the formation of companies by "deed of settlement". Gradually, the shareholder concept was initiated in 1855 by the general incorporation procedure in the name of Limited Liability Act2 1855. This has offered limited liability to shareholders and provided identification to the company as a separate legal persona. The doctrine of limited liability postulates that a company shall be liable for the debts that it incurs, and even if it undergoes closure for any grounds, creditors cannot...
6 Pages(1500 words)Case Study

Abortion Facts and Statistics

Whether legal or not, every year millions of individual women around the world— of all cultural, religious, and economic backgrounds— seek out abortion when they cannot carry a pregnancy to term.

At present almost two-thirds of the world’s women live in countries where abortion may be legally obtained for a broad range of social, economic or personal reasons. When abortion is made legal, available and safe, women’s reproductive health improves. When women can avoid births that are unwanted, mistimed, or too numerous, their children are more likely to survive and be healthy.
 
It has long been recognized that the number of abortions can be effectively reduced by educating people on...
11 Pages(2750 words)Report

Henry V by Shakespeare and the Rover by Aphra Behn

Henry V recognizes that his kingship is not a rule of lavishness but a rule of service. Summarising everything of what Henry is, Nym, a commoner, and thief, claimed: “The King is a good King…” (Shakespeare, Henry V)
Second, his glib of tongue he uses to empower his soldiers, to give life and courage to his downtrodden men. He does not use his eloquence to deceive nor to perpetuate lies. Rather, he uses his articulateness to restore the bravery of his soldiers, to supplicate God in his favor. All of which is a recognition that Henry V values more the camaraderie that he has with his soldiers above anything else. And this he succinctly shows even as a young King. He said to his men as they are about to fight...
7 Pages(1750 words)Book Report/Review

The Case of R v Turnbull

The defendants planned to rob a bank’s customer deposits in the bank’s safe by posting a notice diverting the dropbox to another location, which they planned to burgle. Several customers did, in fact, drop their wallets loaded with money into the dropbox, however, one customer was suspicious and alerted the police. The strength of the prosecution’s case rested on the visual recognition provided by a police constable who clearly saw one of the defendants removing a sign from the bank premises and recognized him. On this basis, the court of appeal concluded that the appeal of the defendants could not stand. It was held that if visual identification had been the only evidence, the outcome would not have been definit...
10 Pages(2500 words)Case Study

Analysis of OReilly v Mackman Case

Judicial review is a concept which is constitutionally undecided as it on one side, it shores up the rule of law, democracy, and pre-eminence of parliament by facilitating the courts to check the boundaries of government authority and on another side, the courts are open to the decision on the plants based on the fact of separation of authorities that are intimating with the verdicts of democratically elected institutions. Judicial review is not apprehended with the virtues of government assessment but deals with whether the deciding authority has remained within the legal boundaries and whether broad principles of rationality and fairness adhere. The constitutional basis of judicial review is debated as one view holds that it is...
8 Pages(2000 words)Case Study

International Affairs v. Liberalism

As a matter of fact, Hoffman’s statement that “international affairs is the nemesis of liberalism” has a grain of truth in it and this is especially so after the 9/11 incident.
There are two schools of thought or perspectives that are used to view international affairs: liberalism and realism. The study of these two perspectives is significant to the idea posed by Stanley Hoffman because they determine the reasons why international affairs, according to him, does not only see eye-to-eye with liberalism but seems to stand on the opposing side of it.
Liberalism can be defined as having four elements: citizens; the legislature; property rights, and; a market-driven economy (Dunne 186). Realism, on the othe...
6 Pages(1500 words)Assignment

Case of Fisher v Brooker

Fisher first filed his claim in 1993, some of the laws applicable to this case have undergone considerable amendments. However, based on the shreds of evidence presented under this case, we can clearly see that the House of Lords dealt with this case properly and that the judges made extensive analysis and thorough evaluation of the issues at hand. To get a clear picture of how the House of Lords decided this case, let us take a look at the different issues involved in this case and how these issues were resolved.

There are at least seven issues raised by the parties in this case. These issues were as follows: (1) whether or not a fair trial is possible in this case considering the time between the composition of the wo...
6 Pages(1500 words)Case Study

The Statistics of Abortion in the USA

Despite the emphasis placed on the ethical status of abortion in the United States only surged in the 20th century, the truth is that abortion has existed for a long time in human history. In earlier centuries, women used different techniques to terminate pregnancies if they were categorized as unwanted or risky for the mother. This was the case in many continents a fact that saw abortion a common option in Europe in the 18th century. However, the 19th century brought about a change in the perception of abortion. Laws banning abortion were formulated and reinforced in different regions (Bartkowski et al, 2012). In the United States, the 20th century, was a defining period in the debate surrounding abortion. Prior to 1973, abortion...
6 Pages(1500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Philip Morris USA v. Williams. Brief facts for FREE!

Contact Us