SCOTUS tosses out cigarette challenge

Posted: Tuesday, March 31, 2009 11:02 AM by Mark Murray
Filed Under: Courts

From NBC's Pete Williams

Ending a marathon legal battle with a fizzle, the U.S. Supreme Court today tossed out a challenge from cigarette-maker Philip Morris to an Oregon jury's $80 million verdict in a lawsuit filed by a smoker's window.

Today's action sets no legal precedent. The court, after hearing the case in early December, decided there was no issue for the justices to resolve. This kind of disposition of a case happens a few times every term -- after agreeing to hear a case and delving into its specifics, the court decides it shouldn't have taken it after all. In the wonderfully passive language of the Supreme Court, the case is "dismissed as improvidently granted."

The case involved an Oregon man, Jesse Williams, who died of lung cancer after smoking two packs of Marlboros a day his entire adult life. His wife sued Philip Morris, claiming the company lied about the dangers of smoking. Her lawyers urged the jury to hit the company hard -- not just for him but on behalf of other smokers, too. Result: a verdict of over $800,000 in actual damages and another amount -- 100 times higher -- to punish the company.

The court today also ruled unanimously that when Congress in 1993 issued a resolution apologizing for the US government's overthrow of the king of Hawaii in 1893, it did not create any legal right to native lands.

We'll get decisions again on Wednesday.

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Comments

I just don't understand when every pack of smokes has a warning from the surgeon general saying how bad cigarettes are for your health and people claim they didn't know about the dangers of smoking.

Another example of stupid people not taking responsibility for their own actions and blaming someone else.

B.S., Virginia (Sent Tuesday, March 31, 2009 11:12 AM)

Obama smiles and says to his staff, Smoking Lamp is Lit!

Lightem' up gentlemen!

It appears Europe is very excited to see the Obama's make a return visit. I'm sure they can't wait to catch a glimpse of "The Big Spender". "What's in your wallet?"

Ed Crane, Middlebury, IN (Sent Tuesday, March 31, 2009 11:13 AM)

What? Those native hawaaians who have lived off of the fedeal and state dole for generations can't get even more welfare? Same thing with native americans and blacks. Stop expecting the rest of us to pay for things that happened 100's of years ago...try harder instead of being a victim all of the time

No Mo Bailouts for anyone (Sent Tuesday, March 31, 2009 11:17 AM)

Not to rustle any feathers or anything, but why has Congress apologized to the Hawaiians for overthrowing their king, but not to Native Americans for the atrocities committed onto them or to Blacks for slavery? I'm just curious, because the argument is usually that nobody is alive now who lived during slavery, so nobody is alive to apologize. But nobody is in Congress now who approved the overthrow of the Hawaiian king, and they still got an apology. I just feel like a simple apology could do wonders for race relations in this country.

Brian Crooks, Naperville, IL (Sent Tuesday, March 31, 2009 11:19 AM)

Good, the court actually did something decent for a change. PhillipMorris deserves to lose every dollar they have.

Smoking = slow suicide (Sent Tuesday, March 31, 2009 11:23 AM)

Previous Post: That's because "war on terror" is a catchphrase that doesn't make any sense. You can't fight a war against an ideology........Sounds good but doesn't actually explain what we're doing.
Brian Crooks, Naperville, IL (Sent Tuesday, March 31, 2009 10:33 AM)

So "Overseas Contingency Operation" makes more sense to you?? And instead of "terrorist," a "man caused disaster" sounds better??

Doesn't sound good and makes no sense.

KLM in MI (Sent Tuesday, March 31, 2009 11:24 AM)

The overthrow of the monarchy in Hawaii was of Queen Lil'uokalani, not a king.

newdayDawning (Sent Tuesday, March 31, 2009 11:26 AM)

If you don't know that smoking will kill you then you are either deliberately ignorant or you don't care. either way you die.

Ex Smoker with no excuses (Sent Tuesday, March 31, 2009 11:40 AM)

Brian Crooks, Naperville, IL,

In order to offer an apology, one has to admit fault. They aren't ready to do that for either Native Americans nor African Americans. Hypocrisy at it's best.

Diane from Illinois (Sent Tuesday, March 31, 2009 11:58 AM)

If the government cared, they would be off the market. They make so much money off cigarette taxes--they don't care to take them off the market. Same with alcohol. They leagalized it in order to make the money off of it themselves. However, People should be able to choose to smoke, drink, or not. The government shouldn't make laws against smoking until they remove cigarettes from the market (which they won't because they make too much money off of them!!!! End of Story!

vmac, Las Vegas, NV (Sent Tuesday, March 31, 2009 12:01 PM)

FirstRead, this is definitely interesting one about a lawsuit filed by a smoker's "window." Don't you folks have interns? I have been noticing A LOT of typos and goofs in your posts lately. It seems like every other post has an error or two.

Brian, Atlanta, GA (Sent Tuesday, March 31, 2009 12:08 PM)

People forget that as recent as the mid 1990s, the smoking companies were still putting out false data and claims that sought to question links between smoking and lung cancer. That is the basis for these lawsuits.

pat huntington ny (Sent Tuesday, March 31, 2009 12:09 PM)

Here's an idea, BS:

TAKE RESPONSIBILITY for learning about the case before blowing gas about it.

The original case documents, and the SCOTUS transcripts are readily available online.

There are LOTS of issues here besides your reductio ad absurdum viewpoint.

Deal with it.

Learn something. What a concept.

Gene, NYC (Sent Tuesday, March 31, 2009 12:13 PM)

Guys, I am guessing you meant a smoker's widow, not window.

Anne, Pittsburgh (Sent Tuesday, March 31, 2009 12:17 PM)

Rick,Ky (Sent Tuesday, March 31, 2009 12:41 PM)

Anne, smokers' windows have rights too

Chance, Las Vegas (Sent Tuesday, March 31, 2009 1:38 PM)

Great, now we need a Constitutional lawyer take up the case for smoker's (Like me) who feel we are treated like 2nd class citizen's, "Just becauce we Smoke".

My Tax $$$ spend's the same as everyone else's !
Rick,Ky (Sent Tuesday, March 31, 2009 12:41 PM)
-----------------------------------------------------

It's been scientifically proven that cigarettes slowly kill both you and us. I don't care how much you spend in taxes, I have a right to live.

Sick of being killed (Sent Tuesday, March 31, 2009 1:39 PM)

As far as one doing tobbacco I don't care what you do to yourself. That is none of my business however when your secondhand smoke gets on my clothes, up my nose or in my space I am greatly offended and believe my life is in danger. So smoke if you will but make sure others aren't in danger, like children or pets or strangers whose healthcare you may have to pay for if your smoke causes them to have health issues.

We stole Hawaii fare and square just like we took Indian lands and stole people from Africa to work for nothing on plantations. We have apologised to the Indians a few times and to those of African ancestory and to Japanese Americans for the interment camps during WWII, so why not apologize to the native Hawaiians?

eagle1776 (Sent Tuesday, March 31, 2009 1:44 PM)

I am a smoker and thinks that cigarettes should be illegal. They are known to kill, why can our government not stop a business whom only product kills US citizens. Greed is overwhelming.

Adam, seattle, WA (Sent Tuesday, March 31, 2009 1:54 PM)

We put Indians on reservations. Why not smokers?

Adam, Seattle, WA:

I am a driver and thinks that cars should be illegal. They are known to kill, why can our government not stop a business whom only product kills US citizens. Greed is overwhelming.

That goes for bicycles and roller coasters, too. Then there are knives, which are used to kill US citizens when a gun isn't available.

The solution is to quit driving, riding bicycles, going on roller coasters and smoking.

Richard, Washington State (Sent Tuesday, March 31, 2009 4:58 PM)

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