February 26, 2008

Reverse Bifurcation of Punitive Damages Trials—"Why Not? It's No Worse Than How We Handle Asbestos Cases?"

The blog asbestosland.com has this post about yesterday's denial of certiorari in Philip Morris v. Accord. The post predicts that West Virginia will impose a huge punitive damages award, which will then end up back in federal court and will ultimately be overturned.

As we mentioned yesterday, the Supreme Court has another chance to address this issue in the pending cert. petition in Chemtall v. Stern.