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We conclude that each of these contentions is without merit. 30].) In any event, we believe that relative to Philip Morris's financial condition, 0,000 in compensatory damages is a small amount. The 0,000 compensatory damages award includes 0,000 for pain and suffering experienced by Bullock for approximately two years from the time of her diagnosis with lung cancer until she succumbed to her physical injuries and died in February 2003. 426 [

We conclude that each of these contentions is without merit. 30].) In any event, we believe that relative to Philip Morris's financial condition, $850,000 in compensatory damages is a small amount. The $850,000 compensatory damages award includes $100,000 for pain and suffering experienced by Bullock for approximately two years from the time of her diagnosis with lung cancer until she succumbed to her physical injuries and died in February 2003. 426 [$1 million awarded for 18 months of emotional distress arising from purely economic harm]; Roby v. 718 [$1.3 million in noneconomic damages awarded for employment discrimination and harassment] ), neither the circumstances here nor the amount of the emotional distress damages suggests that those damages reflect either Bullock's outrage and humiliation or the jury's indignation at Philip Morris's conduct.14 We therefore have no reason to believe that the compensatory damages contain any significant punitive element. As in this case, the plaintiff in Boeken began smoking in the 1950's, was diagnosed with lung cancer over 40 years later and died after the conclusion of trial. Philip Morris also challenges the award of prejudgment interest from the date of the verdict. The ratio of punitive damages to compensatory damages here is approximately 16 to one. App.4th 1640, involved the same defendant, same theories of recovery and much of the same conduct as this case. [¶] ․ [¶] In charge of the research activities of the Committee will be a scientist of unimpeachable integrity and national repute. 424–426.) “[C]ourts must ensure that the measure of punishment is both reasonable and proportionate to the amount of harm to the plaintiff and to the general damages recovered.” (State Farm, supra, at p. 425.) State Farm stated further, however, “Our jurisprudence and the principles it has now established demonstrate, however, that, in practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process․ Single-digit multipliers are more likely to comport with due process, while still achieving the State's goals of deterrence and retribution, than awards with ratios in the range of 500 to 1 [citation] or, in this case, of 145 to 1.” 9 (Ibid.)State Farm explained that the due process limitation is elastic, rather than rigid, and depends on the circumstances: “Nonetheless, because there are no rigid benchmarks that a punitive damages award may not surpass, ratios greater than those we have previously upheld may comport with due process where ‘a particularly egregious act has resulted in only a small amount of economic damages.’ Ibid.; see also ibid. But what ratio is reasonable necessarily depends on the reprehensibility of the conduct, ‘ “the most important indicium of the reasonableness of the award” ‘ (State Farm, supra, 538 U. As the high court has recognized, that a defendant has repeatedly engaged in profitable but wrongful conduct tends to show that ‘strong medicine is required’ to deter the conduct's further repetition. We believe that whether punitive damages must be limited to the amount of compensatory damages, or any other amount, to satisfy due process depends on the reviewing court's consideration of the three guideposts and the defendant's financial condition, and the facts and circumstances in each case.11 (State Farm, supra, 538 U. In addition there will be an Advisory Board of scientists disinterested in the cigarette industry. 576.) Because the evidence shows that nicotine is an addictive drug that makes smokers highly vulnerable to rationalization of their injurious behavior, and that Philip Morris for many years and through extensive efforts deliberately exploited that vulnerability through a deceptive, broad-based publicity campaign, manipulation of the narcotic effect of nicotine in cigarettes and other means, we conclude that this factor weighs in favor of high reprehensibility. 419) Philip Morris's efforts to cast doubt on information concerning the adverse health effects of smoking involved repeated intentional and deliberate actions through various means and for several decades, and the evidence shows that Philip Morris intended to deceive smokers and the public in general. 426.)The United States Supreme Court has consistently rejected the notion that a mathematical formula or fixed ratio defines the constitutional limit. 582.) Similarly, State Farm stated, “[w]e decline again to impose a bright-line ratio which a punitive damages award cannot exceed,” and “there are no rigid benchmarks that a punitive damages award may not surpass.” (State Farm, supra, 538 U. (positing that a higher ratio might be necessary where ‘the injury is hard to detect or the monetary value of noneconomic harm might have been difficult to determine’). When compensatory damages are substantial, then a lesser ratio, perhaps only equal to compensatory damages, can reach the outermost limit of the due process guarantee. [Citations.]”The statement in State Farm, supra, 538 U. at page 425, that punitive damages may be limited to the amount of compensatory damages if the compensatory damages are “substantial” reflects the reality that punitive damages in the same amount as a “substantial” compensatory award will also be “substantial” and the fact that a large compensatory damages award may have a deterrent effect and reduce the need for punitive damages as a deterrent (see Simon, supra, 35 Cal.4th at p. Philip Morris successfully developed nicotine analogs and had the ability to remove nicotine from cigarettes, but did not do so. 1678] (Cooper Industries ); Simon, supra, 35 Cal.4th at p. 2.) As the California Supreme Court stated in Simon, supra, at page 1188, “While we must, under Cooper Industries, supra, 532 U. 424, assess independently the wrongfulness of a defendant's conduct, our determination of a maximum award should allow some leeway for the possibility of reasonable differences in the weighing of culpability. Moreover, Philip Morris added urea to cigarettes, which becomes ammonia when heated, to enhance the effect of nicotine. In enforcing federal due process limits, an appellate court does not sit as a replacement for the jury but only as a check on arbitrary awards. Degree of Reprehensibility The degree of reprehensibility of the defendant's conduct is the most important indicator of the reasonableness of a punitive damages award. Piuze; and Kenneth Chesebro for Plaintiff and Respondent. (Philip Morris), appeals a judgment awarding Jodie Bullock $13.8 million in punitive damages after a jury trial. In light of such extreme reprehensibility, including the vast scale and profitability of Philip Morris's misconduct, and its strong financial condition, the $13.8 million in punitive damages, approximately 16 times the compensatory damages award, is not unconstitutionally excessive.

||

We conclude that each of these contentions is without merit. 30].) In any event, we believe that relative to Philip Morris's financial condition, $850,000 in compensatory damages is a small amount. The $850,000 compensatory damages award includes $100,000 for pain and suffering experienced by Bullock for approximately two years from the time of her diagnosis with lung cancer until she succumbed to her physical injuries and died in February 2003. 426 [$1 million awarded for 18 months of emotional distress arising from purely economic harm]; Roby v. 718 [$1.3 million in noneconomic damages awarded for employment discrimination and harassment] ), neither the circumstances here nor the amount of the emotional distress damages suggests that those damages reflect either Bullock's outrage and humiliation or the jury's indignation at Philip Morris's conduct.14 We therefore have no reason to believe that the compensatory damages contain any significant punitive element. As in this case, the plaintiff in Boeken began smoking in the 1950's, was diagnosed with lung cancer over 40 years later and died after the conclusion of trial.

Philip Morris also challenges the award of prejudgment interest from the date of the verdict. The ratio of punitive damages to compensatory damages here is approximately 16 to one. App.4th 1640, involved the same defendant, same theories of recovery and much of the same conduct as this case.

[¶] ․ [¶] In charge of the research activities of the Committee will be a scientist of unimpeachable integrity and national repute. 424–426.) “[C]ourts must ensure that the measure of punishment is both reasonable and proportionate to the amount of harm to the plaintiff and to the general damages recovered.” (State Farm, supra, at p. 425.) State Farm stated further, however, “Our jurisprudence and the principles it has now established demonstrate, however, that, in practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process․ Single-digit multipliers are more likely to comport with due process, while still achieving the State's goals of deterrence and retribution, than awards with ratios in the range of 500 to 1 [citation] or, in this case, of 145 to 1.” 9 (Ibid.)State Farm explained that the due process limitation is elastic, rather than rigid, and depends on the circumstances: “Nonetheless, because there are no rigid benchmarks that a punitive damages award may not surpass, ratios greater than those we have previously upheld may comport with due process where ‘a particularly egregious act has resulted in only a small amount of economic damages.’ Ibid.; see also ibid. But what ratio is reasonable necessarily depends on the reprehensibility of the conduct, ‘ “the most important indicium of the reasonableness of the award” ‘ (State Farm, supra, 538 U. As the high court has recognized, that a defendant has repeatedly engaged in profitable but wrongful conduct tends to show that ‘strong medicine is required’ to deter the conduct's further repetition. We believe that whether punitive damages must be limited to the amount of compensatory damages, or any other amount, to satisfy due process depends on the reviewing court's consideration of the three guideposts and the defendant's financial condition, and the facts and circumstances in each case.11 (State Farm, supra, 538 U.

In addition there will be an Advisory Board of scientists disinterested in the cigarette industry. 576.) Because the evidence shows that nicotine is an addictive drug that makes smokers highly vulnerable to rationalization of their injurious behavior, and that Philip Morris for many years and through extensive efforts deliberately exploited that vulnerability through a deceptive, broad-based publicity campaign, manipulation of the narcotic effect of nicotine in cigarettes and other means, we conclude that this factor weighs in favor of high reprehensibility. 419) Philip Morris's efforts to cast doubt on information concerning the adverse health effects of smoking involved repeated intentional and deliberate actions through various means and for several decades, and the evidence shows that Philip Morris intended to deceive smokers and the public in general. 426.)The United States Supreme Court has consistently rejected the notion that a mathematical formula or fixed ratio defines the constitutional limit. 582.) Similarly, State Farm stated, “[w]e decline again to impose a bright-line ratio which a punitive damages award cannot exceed,” and “there are no rigid benchmarks that a punitive damages award may not surpass.” (State Farm, supra, 538 U. (positing that a higher ratio might be necessary where ‘the injury is hard to detect or the monetary value of noneconomic harm might have been difficult to determine’). When compensatory damages are substantial, then a lesser ratio, perhaps only equal to compensatory damages, can reach the outermost limit of the due process guarantee. [Citations.]”The statement in State Farm, supra, 538 U. at page 425, that punitive damages may be limited to the amount of compensatory damages if the compensatory damages are “substantial” reflects the reality that punitive damages in the same amount as a “substantial” compensatory award will also be “substantial” and the fact that a large compensatory damages award may have a deterrent effect and reduce the need for punitive damages as a deterrent (see Simon, supra, 35 Cal.4th at p.

Philip Morris successfully developed nicotine analogs and had the ability to remove nicotine from cigarettes, but did not do so. 1678] (Cooper Industries ); Simon, supra, 35 Cal.4th at p. 2.) As the California Supreme Court stated in Simon, supra, at page 1188, “While we must, under Cooper Industries, supra, 532 U. 424, assess independently the wrongfulness of a defendant's conduct, our determination of a maximum award should allow some leeway for the possibility of reasonable differences in the weighing of culpability.

million awarded for 18 months of emotional distress arising from purely economic harm]; Roby v. 718 [

We conclude that each of these contentions is without merit. 30].) In any event, we believe that relative to Philip Morris's financial condition, $850,000 in compensatory damages is a small amount. The $850,000 compensatory damages award includes $100,000 for pain and suffering experienced by Bullock for approximately two years from the time of her diagnosis with lung cancer until she succumbed to her physical injuries and died in February 2003. 426 [$1 million awarded for 18 months of emotional distress arising from purely economic harm]; Roby v. 718 [$1.3 million in noneconomic damages awarded for employment discrimination and harassment] ), neither the circumstances here nor the amount of the emotional distress damages suggests that those damages reflect either Bullock's outrage and humiliation or the jury's indignation at Philip Morris's conduct.14 We therefore have no reason to believe that the compensatory damages contain any significant punitive element. As in this case, the plaintiff in Boeken began smoking in the 1950's, was diagnosed with lung cancer over 40 years later and died after the conclusion of trial. Philip Morris also challenges the award of prejudgment interest from the date of the verdict. The ratio of punitive damages to compensatory damages here is approximately 16 to one. App.4th 1640, involved the same defendant, same theories of recovery and much of the same conduct as this case. [¶] ․ [¶] In charge of the research activities of the Committee will be a scientist of unimpeachable integrity and national repute. 424–426.) “[C]ourts must ensure that the measure of punishment is both reasonable and proportionate to the amount of harm to the plaintiff and to the general damages recovered.” (State Farm, supra, at p. 425.) State Farm stated further, however, “Our jurisprudence and the principles it has now established demonstrate, however, that, in practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process․ Single-digit multipliers are more likely to comport with due process, while still achieving the State's goals of deterrence and retribution, than awards with ratios in the range of 500 to 1 [citation] or, in this case, of 145 to 1.” 9 (Ibid.)State Farm explained that the due process limitation is elastic, rather than rigid, and depends on the circumstances: “Nonetheless, because there are no rigid benchmarks that a punitive damages award may not surpass, ratios greater than those we have previously upheld may comport with due process where ‘a particularly egregious act has resulted in only a small amount of economic damages.’ Ibid.; see also ibid. But what ratio is reasonable necessarily depends on the reprehensibility of the conduct, ‘ “the most important indicium of the reasonableness of the award” ‘ (State Farm, supra, 538 U. As the high court has recognized, that a defendant has repeatedly engaged in profitable but wrongful conduct tends to show that ‘strong medicine is required’ to deter the conduct's further repetition. We believe that whether punitive damages must be limited to the amount of compensatory damages, or any other amount, to satisfy due process depends on the reviewing court's consideration of the three guideposts and the defendant's financial condition, and the facts and circumstances in each case.11 (State Farm, supra, 538 U. In addition there will be an Advisory Board of scientists disinterested in the cigarette industry. 576.) Because the evidence shows that nicotine is an addictive drug that makes smokers highly vulnerable to rationalization of their injurious behavior, and that Philip Morris for many years and through extensive efforts deliberately exploited that vulnerability through a deceptive, broad-based publicity campaign, manipulation of the narcotic effect of nicotine in cigarettes and other means, we conclude that this factor weighs in favor of high reprehensibility. 419) Philip Morris's efforts to cast doubt on information concerning the adverse health effects of smoking involved repeated intentional and deliberate actions through various means and for several decades, and the evidence shows that Philip Morris intended to deceive smokers and the public in general. 426.)The United States Supreme Court has consistently rejected the notion that a mathematical formula or fixed ratio defines the constitutional limit. 582.) Similarly, State Farm stated, “[w]e decline again to impose a bright-line ratio which a punitive damages award cannot exceed,” and “there are no rigid benchmarks that a punitive damages award may not surpass.” (State Farm, supra, 538 U. (positing that a higher ratio might be necessary where ‘the injury is hard to detect or the monetary value of noneconomic harm might have been difficult to determine’). When compensatory damages are substantial, then a lesser ratio, perhaps only equal to compensatory damages, can reach the outermost limit of the due process guarantee. [Citations.]”The statement in State Farm, supra, 538 U. at page 425, that punitive damages may be limited to the amount of compensatory damages if the compensatory damages are “substantial” reflects the reality that punitive damages in the same amount as a “substantial” compensatory award will also be “substantial” and the fact that a large compensatory damages award may have a deterrent effect and reduce the need for punitive damages as a deterrent (see Simon, supra, 35 Cal.4th at p. Philip Morris successfully developed nicotine analogs and had the ability to remove nicotine from cigarettes, but did not do so. 1678] (Cooper Industries ); Simon, supra, 35 Cal.4th at p. 2.) As the California Supreme Court stated in Simon, supra, at page 1188, “While we must, under Cooper Industries, supra, 532 U. 424, assess independently the wrongfulness of a defendant's conduct, our determination of a maximum award should allow some leeway for the possibility of reasonable differences in the weighing of culpability. Moreover, Philip Morris added urea to cigarettes, which becomes ammonia when heated, to enhance the effect of nicotine. In enforcing federal due process limits, an appellate court does not sit as a replacement for the jury but only as a check on arbitrary awards. Degree of Reprehensibility The degree of reprehensibility of the defendant's conduct is the most important indicator of the reasonableness of a punitive damages award. Piuze; and Kenneth Chesebro for Plaintiff and Respondent. (Philip Morris), appeals a judgment awarding Jodie Bullock $13.8 million in punitive damages after a jury trial. In light of such extreme reprehensibility, including the vast scale and profitability of Philip Morris's misconduct, and its strong financial condition, the $13.8 million in punitive damages, approximately 16 times the compensatory damages award, is not unconstitutionally excessive.

||

We conclude that each of these contentions is without merit. 30].) In any event, we believe that relative to Philip Morris's financial condition, $850,000 in compensatory damages is a small amount. The $850,000 compensatory damages award includes $100,000 for pain and suffering experienced by Bullock for approximately two years from the time of her diagnosis with lung cancer until she succumbed to her physical injuries and died in February 2003. 426 [$1 million awarded for 18 months of emotional distress arising from purely economic harm]; Roby v. 718 [$1.3 million in noneconomic damages awarded for employment discrimination and harassment] ), neither the circumstances here nor the amount of the emotional distress damages suggests that those damages reflect either Bullock's outrage and humiliation or the jury's indignation at Philip Morris's conduct.14 We therefore have no reason to believe that the compensatory damages contain any significant punitive element. As in this case, the plaintiff in Boeken began smoking in the 1950's, was diagnosed with lung cancer over 40 years later and died after the conclusion of trial.

Philip Morris also challenges the award of prejudgment interest from the date of the verdict. The ratio of punitive damages to compensatory damages here is approximately 16 to one. App.4th 1640, involved the same defendant, same theories of recovery and much of the same conduct as this case.

[¶] ․ [¶] In charge of the research activities of the Committee will be a scientist of unimpeachable integrity and national repute. 424–426.) “[C]ourts must ensure that the measure of punishment is both reasonable and proportionate to the amount of harm to the plaintiff and to the general damages recovered.” (State Farm, supra, at p. 425.) State Farm stated further, however, “Our jurisprudence and the principles it has now established demonstrate, however, that, in practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process․ Single-digit multipliers are more likely to comport with due process, while still achieving the State's goals of deterrence and retribution, than awards with ratios in the range of 500 to 1 [citation] or, in this case, of 145 to 1.” 9 (Ibid.)State Farm explained that the due process limitation is elastic, rather than rigid, and depends on the circumstances: “Nonetheless, because there are no rigid benchmarks that a punitive damages award may not surpass, ratios greater than those we have previously upheld may comport with due process where ‘a particularly egregious act has resulted in only a small amount of economic damages.’ Ibid.; see also ibid. But what ratio is reasonable necessarily depends on the reprehensibility of the conduct, ‘ “the most important indicium of the reasonableness of the award” ‘ (State Farm, supra, 538 U. As the high court has recognized, that a defendant has repeatedly engaged in profitable but wrongful conduct tends to show that ‘strong medicine is required’ to deter the conduct's further repetition. We believe that whether punitive damages must be limited to the amount of compensatory damages, or any other amount, to satisfy due process depends on the reviewing court's consideration of the three guideposts and the defendant's financial condition, and the facts and circumstances in each case.11 (State Farm, supra, 538 U.

In addition there will be an Advisory Board of scientists disinterested in the cigarette industry. 576.) Because the evidence shows that nicotine is an addictive drug that makes smokers highly vulnerable to rationalization of their injurious behavior, and that Philip Morris for many years and through extensive efforts deliberately exploited that vulnerability through a deceptive, broad-based publicity campaign, manipulation of the narcotic effect of nicotine in cigarettes and other means, we conclude that this factor weighs in favor of high reprehensibility. 419) Philip Morris's efforts to cast doubt on information concerning the adverse health effects of smoking involved repeated intentional and deliberate actions through various means and for several decades, and the evidence shows that Philip Morris intended to deceive smokers and the public in general. 426.)The United States Supreme Court has consistently rejected the notion that a mathematical formula or fixed ratio defines the constitutional limit. 582.) Similarly, State Farm stated, “[w]e decline again to impose a bright-line ratio which a punitive damages award cannot exceed,” and “there are no rigid benchmarks that a punitive damages award may not surpass.” (State Farm, supra, 538 U. (positing that a higher ratio might be necessary where ‘the injury is hard to detect or the monetary value of noneconomic harm might have been difficult to determine’). When compensatory damages are substantial, then a lesser ratio, perhaps only equal to compensatory damages, can reach the outermost limit of the due process guarantee. [Citations.]”The statement in State Farm, supra, 538 U. at page 425, that punitive damages may be limited to the amount of compensatory damages if the compensatory damages are “substantial” reflects the reality that punitive damages in the same amount as a “substantial” compensatory award will also be “substantial” and the fact that a large compensatory damages award may have a deterrent effect and reduce the need for punitive damages as a deterrent (see Simon, supra, 35 Cal.4th at p.

Philip Morris successfully developed nicotine analogs and had the ability to remove nicotine from cigarettes, but did not do so. 1678] (Cooper Industries ); Simon, supra, 35 Cal.4th at p. 2.) As the California Supreme Court stated in Simon, supra, at page 1188, “While we must, under Cooper Industries, supra, 532 U. 424, assess independently the wrongfulness of a defendant's conduct, our determination of a maximum award should allow some leeway for the possibility of reasonable differences in the weighing of culpability.

.3 million in noneconomic damages awarded for employment discrimination and harassment] ), neither the circumstances here nor the amount of the emotional distress damages suggests that those damages reflect either Bullock's outrage and humiliation or the jury's indignation at Philip Morris's conduct.14 We therefore have no reason to believe that the compensatory damages contain any significant punitive element. As in this case, the plaintiff in Boeken began smoking in the 1950's, was diagnosed with lung cancer over 40 years later and died after the conclusion of trial. Philip Morris also challenges the award of prejudgment interest from the date of the verdict. The ratio of punitive damages to compensatory damages here is approximately 16 to one. App.4th 1640, involved the same defendant, same theories of recovery and much of the same conduct as this case. [¶] ․ [¶] In charge of the research activities of the Committee will be a scientist of unimpeachable integrity and national repute. 424–426.) “[C]ourts must ensure that the measure of punishment is both reasonable and proportionate to the amount of harm to the plaintiff and to the general damages recovered.” (State Farm, supra, at p. 425.) State Farm stated further, however, “Our jurisprudence and the principles it has now established demonstrate, however, that, in practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process․ Single-digit multipliers are more likely to comport with due process, while still achieving the State's goals of deterrence and retribution, than awards with ratios in the range of 500 to 1 [citation] or, in this case, of 145 to 1.” 9 (Ibid.)State Farm explained that the due process limitation is elastic, rather than rigid, and depends on the circumstances: “Nonetheless, because there are no rigid benchmarks that a punitive damages award may not surpass, ratios greater than those we have previously upheld may comport with due process where ‘a particularly egregious act has resulted in only a small amount of economic damages.’ Ibid.; see also ibid. But what ratio is reasonable necessarily depends on the reprehensibility of the conduct, ‘ “the most important indicium of the reasonableness of the award” ‘ (State Farm, supra, 538 U. As the high court has recognized, that a defendant has repeatedly engaged in profitable but wrongful conduct tends to show that ‘strong medicine is required’ to deter the conduct's further repetition. We believe that whether punitive damages must be limited to the amount of compensatory damages, or any other amount, to satisfy due process depends on the reviewing court's consideration of the three guideposts and the defendant's financial condition, and the facts and circumstances in each case.11 (State Farm, supra, 538 U. In addition there will be an Advisory Board of scientists disinterested in the cigarette industry. 576.) Because the evidence shows that nicotine is an addictive drug that makes smokers highly vulnerable to rationalization of their injurious behavior, and that Philip Morris for many years and through extensive efforts deliberately exploited that vulnerability through a deceptive, broad-based publicity campaign, manipulation of the narcotic effect of nicotine in cigarettes and other means, we conclude that this factor weighs in favor of high reprehensibility. 419) Philip Morris's efforts to cast doubt on information concerning the adverse health effects of smoking involved repeated intentional and deliberate actions through various means and for several decades, and the evidence shows that Philip Morris intended to deceive smokers and the public in general. 426.)The United States Supreme Court has consistently rejected the notion that a mathematical formula or fixed ratio defines the constitutional limit. 582.) Similarly, State Farm stated, “[w]e decline again to impose a bright-line ratio which a punitive damages award cannot exceed,” and “there are no rigid benchmarks that a punitive damages award may not surpass.” (State Farm, supra, 538 U. (positing that a higher ratio might be necessary where ‘the injury is hard to detect or the monetary value of noneconomic harm might have been difficult to determine’). When compensatory damages are substantial, then a lesser ratio, perhaps only equal to compensatory damages, can reach the outermost limit of the due process guarantee. [Citations.]”The statement in State Farm, supra, 538 U. at page 425, that punitive damages may be limited to the amount of compensatory damages if the compensatory damages are “substantial” reflects the reality that punitive damages in the same amount as a “substantial” compensatory award will also be “substantial” and the fact that a large compensatory damages award may have a deterrent effect and reduce the need for punitive damages as a deterrent (see Simon, supra, 35 Cal.4th at p. Philip Morris successfully developed nicotine analogs and had the ability to remove nicotine from cigarettes, but did not do so. 1678] (Cooper Industries ); Simon, supra, 35 Cal.4th at p. 2.) As the California Supreme Court stated in Simon, supra, at page 1188, “While we must, under Cooper Industries, supra, 532 U. 424, assess independently the wrongfulness of a defendant's conduct, our determination of a maximum award should allow some leeway for the possibility of reasonable differences in the weighing of culpability. Moreover, Philip Morris added urea to cigarettes, which becomes ammonia when heated, to enhance the effect of nicotine. In enforcing federal due process limits, an appellate court does not sit as a replacement for the jury but only as a check on arbitrary awards. Degree of Reprehensibility The degree of reprehensibility of the defendant's conduct is the most important indicator of the reasonableness of a punitive damages award. Piuze; and Kenneth Chesebro for Plaintiff and Respondent. (Philip Morris), appeals a judgment awarding Jodie Bullock .8 million in punitive damages after a jury trial. In light of such extreme reprehensibility, including the vast scale and profitability of Philip Morris's misconduct, and its strong financial condition, the .8 million in punitive damages, approximately 16 times the compensatory damages award, is not unconstitutionally excessive.

Philip Morris conducted animal research in the United States on the addictive effects of nicotine in the early 1980's. [Citation.] The existence of any one of these factors weighing in favor of a plaintiff may not be sufficient to sustain a punitive damages award; and the absence of all of them renders any award suspect. 421.) ‘A basic principle of federalism is that each State may make its own reasoned judgment about what conduct is permitted or proscribed within its borders, and each State alone can determine what measure of punishment, if any, to impose on a defendant who acts within its jurisdiction. Due process does not permit courts, in the calculation of punitive damages, to adjudicate the merits of other parties' hypothetical claims against a defendant under the guise of the reprehensibility analysis․ Punishment on these bases creates the possibility of multiple punitive damages awards for the same conduct․” [Fn. The first reprehensibility factor listed by the court in State Farm, supra, 538 U. at page 419, “whether: the harm caused was physical as opposed to economic,” therefore weighs in favor of high reprehensibility. 419.) The United States Supreme Court has reviewed the amount of punitive damages under the due process clause only in cases involving economic harm. 419 [insureds' bad faith action against an insurer]; Gore, supra, at p.

She smoked Philip Morris's Marlboro brand of cigarettes until 1966, and then switched to its Benson & Hedges brand. Scientific and medical professionals in the United States and worldwide generally agreed by the late 1950's that cigarette smoking caused lung cancer, after several epidemiological studies reached that conclusion.

Philip Morris and other cigarette manufacturers sought to cast doubt on the increasing body of knowledge supporting the conclusion that smoking caused lung cancer and sought to assuage smokers' concerns.

Philip Morris contends the punitive damages award is barred by res judicata as a result of the settlement of an action by the California Attorney General against Philip Morris and other cigarette manufacturers, and the award is unconstitutionally excessive. 1.) The jury awarded Boeken ,539,127 in compensatory damages and billion in punitive damages. Boeken concluded that no more than a single-digit multiplier was justified and reduced the award to million, a ratio of nine to one.

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Hiestand for Civil Justice Association of California as Amicus Curiae on behalf of Defendant and Appellant. A jury previously had awarded 0,000 in compensatory damages. 1650.) The trial court conditionally granted Philip Morris's new trial motion unless Boeken agreed to reduce the punitive damages award to 0 million. (Ibid.) On appeal, Division Four of the Second District Court of Appeal held that the 0 million punitive damages award was excessive. 1703.)Boeken cited the holding in Diamond Woodworks, Inc.

To that end, Philip Morris and other cigarette manufacturers issued a full-page announcement in newspapers throughout the United States in January 1954 entitled “A Frank Statement to Cigarette Smokers.” The announcement stated, “Recent reports on experiments with mice have given wide publicity to a theory that cigarette smoking is in some way linked with lung cancer in human beings,” and stated that “[d]istinguished authorities point[ed] out” that there was no proof that cigarette smoking caused cancer and that “numerous scientists” questioned “the validity of the statistics themselves.”The Frank Statement stated, “We accept an interest in people's health as a basic responsibility, paramount to every other consideration in our business.



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