TOBACCO COMPANIES WIN BIG IN U.S. SUPREME COURT DECISION

What signal is the U.S. Supreme Court sending to trial lawyers about giant verdicts of the past?

Does the High Court's rejection of the $79.5 million lower court award mean that we've seen the last of "super-sized" verdicts?

Commenting on this constitutional matter is 2008 GOP Presidential Candidate John Cox, who holds a law degree, who said of the ruling, "It is both wonderful and sad that the Supreme Court had to make a ruling of this type."

"Wonderful that they stood up for common sense and threw out a ridiculous verdict. Cigarettes are bad and no one should smoke. But this ought to be decided in the private market and doctor's offices - not in the courts.”

“It is sad that verdicts like this are necessary. This cost millions in legal fees and untold millions in other costs. Business in this country has been under assault by the trial bar for too long. Companies that harm the public ought to be punished if they do something negligent. However, we carry it too far when the manufacturer of a legal, albeit unhealthy, product has to be threatened with extinction due to some court decisions that are not well considered.”

“Let's hope this decision brings with it some semblance of reality and common sense along with a sense of balance to a tort system that has gone horribly awry.”

You may have John Cox as a stand-alone guest, with an opposition guest and/or with call-ins. He is quick. He thinks on his feet and he is not boring. Want a great interview? Call now.


ABOUT JOHN COX…
John H. Cox, 51, is the former president of the Cook County (IL) Republican Party. He is a CPA, real estate broker, attorney and investment advisor, residing in Chicago, IL with his wife and four daughters. For more information, visit www.cox2008.com


The following article may be helpful with show prep:

Supreme Court Rejects Tobacco Award

By THE ASSOCIATED PRESS
Published: February 20, 2007

WASHINGTON (AP) -- The Supreme Court threw out a $79.5 million punitive damages award to a smoker's widow Tuesday, a boon to businesses seeking stricter limits on big-dollar jury verdicts.

The 5-4 ruling was a victory for Altria Group Inc.'s Philip Morris USA, which contested an Oregon Supreme Court decision upholding the verdict.

In the majority opinion written by Justice Stephen Breyer, the court said the verdict could not stand because the jury in the case was not instructed that it could punish Philip Morris only for the harm done to the plaintiff, not to other smokers whose cases were not before it.

States must "provide assurances that juries are not asking the wrong question ... seeking, not simply to determine reprehensibility, but also to punish for harm caused strangers," Breyer said.

The decision did not address whether the size of the award was constitutionally excessive, as Philip Morris had asked.

© 2007 The Associated Press

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