October 16, 2008

Plaintiff's Amicus Briefs in Williams III Now Available Online

We previously posted links to the petitioner's brief on the merits and supporting amicus briefs in Philip Morris v. Williams (Williams III), as well as the respondent's brief on the merits. The amicus briefs for the plaintiff/respondent are now available (via the ABA):

Brief for Federal Procedure Scholars in Favor of Respondent

Brief for the Oregon Trial Lawyers Association in Favor of Respondent

Brief for Retired Oregon Supreme Court Justices Susan M. Leeson, Hans A. Linde, Betty Roberts, And Richard L. Unis in Support of Respondent

Brief for Public Justice, P.C., The Tobacco Legal Control Consortium, The Tobacco Products Liability Project, The Tobacco Control Resource Center, Public Health Advocacy Institute, The Tobacco Trial Lawyers Association, and the American Association for Justice in Support of Respondent

Brief for the States of Oregon, Delaware, Maryland, Mississippi, New Mexico, South Carolina, Tennessee, and Wyoming in Support of Respondent

To recap, the issued presented in Williams III is:

Whether, after this Court has adjudicated the merits of a party’s federal claim and remanded the case to state court with instructions to "apply" the correct constitutional standard, the state court may interpose--for the first time in the litigation--a state-law procedural bar that is neither firmly established nor regularly followed.
The case will be argued December 3.