University of Texas, School of Law
This essay is a series of reflections on the implications of Philip Morris for the tort reform movement. I make an effort below to find a middle ground between the positions of the plaintiff and defendant in Philip Morris. That middle ground involves largely returning to the Supreme Court's pre-Gore treatment of punitive damages and introducing new procedural devices for defendants to challenge awards. I close with a few observations on the implications of this case law for pain and suffering awards.
Reflections on Remedies and Philip Morris v. Williams,
The Review of Litigation
Available at: https://scholarship.law.bu.edu/faculty_scholarship/730