April 3, 2008

Answers to Petitions for Review in Bullock v. Philip Morris

We've been tracking the developments in Bullock v. Philip Morris, including the petitions for review filed by both parties. Now the parties have filed their answers to the opposing petitions. The plaintiff's answer agrees with Philip Morris that review should be granted on the first issue raised in Philip Morris's petition, namely, the proper scope of retrial after an appellate court reverses a punitive damages award because of a legal error (specifically, the failure to instruct the jury not to impose punishment for harm nonparties). Philip Morris, on the other hand, takes the position that none of the plaintiff's issues merit review.