R.J. Reynolds Tobacco Company was denied a new trial or judgment as a matter of law after a 37-year-old smoker with larynx cancer was awarded $11,952,539 against it on claims of strict liability and negligence. The "heightened addictive properties of Salem Kings, the heightened level of tar they produced, coupled with the heavy smoking" of the plaintiff, who started as a teenager, "permitted the jury to...

An award of punitive damages that was 500 times larger than compensatory damages that were awarded was found to be excessive in a suit involving a car distributor's failure to disclose to a car owner the pre-delivery repairs made to a new vehicle. Lexis.com subscribers can view the enhanced version of BMW. Non-subscribers can use lexisOne’s Free Case Law search to view a free, un-enhanced version of BMW...

Tort claims by a man who suffered injuries after a balloon catheter burst while being inflated in one of his arteries were preempted by § 360k(a) of the 1976 Medical Device Amendments to the Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 301 et seq., because the catheter had obtained premarket approval from the Food and Drug Administration. The Supreme Court of the United States would later affirm, holding that...

Although an oil company was granted partial summary judgment on residents' strict liability claim, it was denied partial summary judgment on their mental distress damages claim because D.C. law allowed recovery of mental distress damages without physical injury for intentional torts such as trespass, which was pled in the residents' complaints. Lexis.com subscribers can view the enhanced version of Nnadili...

A punitive damages award against a cigarette manufacturer for harm to nonparties, in a litigation concerning the manufacturer's deceit in minimizing the dangers of smoking, violated constitutional due process, since harm to nonparties could be considered with regard to reprehensibility but not with regard to the extent of punishment. Lexis.com subscribers can view the enhanced version of Philip Morris. Non-subscribers...

Where insureds were awarded $ 1 million in compensatory damages for an insurer's bad faith refusal to settle meritorious claims against the insureds, a punitive damages award of $ 145 million was arbitrary and excessive, and thus unconstitutional. Lexis.com subscribers can view the enhanced version of State Farm. Non-subscribers can use lexisOne’s Free Case Law search to view a free, un-enhanced version...