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US Supreme Court takes up tobacco case for third time

The case involves an ongoing tug of war between the high court and the highest court in Oregon.

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Mayola Williams has been fighting cigarette manufacturer Philip Morris for nine years to collect $79.5 million in punitive damages on behalf of her late husband. In fact, the case has been in litigation so long that the award – with interest – now exceeds $145 million.

On Wednesday, lawyers for Ms. Williams and Philip Morris returned to the Supreme Court for a third time to face a lineup of justices who are deeply divided over the case. At the center of the most recent dispute is an ongoing tug of war between America's highest court and the highest court in Oregon. The controversy raises thorny issues of supremacy at the intersection of a multitiered court system designed to balance state and federal power.

Twice the US Supreme Court asked the Oregon courts to reexamine Williams's award to make sure that it complies with constitutional safeguards against excessive punishment. Twice the Oregon courts have upheld the original $79.5 million verdict. Both times, Philip Morris asked the Supreme Court to intervene.

How a majority of justices might resolve the dispute remained unclear by the conclusion of Wednesday's hour-long oral argument.

At issue in this latest version of Philip Morris v. Williams (07-1216) is whether the Supreme Court of Oregon acted properly when it sidestepped a US Supreme Court decision ordering the Oregon courts to apply a federal due process standard to the case and then consider reducing the amount of the award or order a new trial.

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