scholarly journals Clearing the Smoke from Philip Morris V. Williams: The Past, Present, and Future of Punitive Damages

2008 ◽  
Vol 118 (3) ◽  
pp. 392 ◽  
Author(s):  
Thomas B. Colby
Keyword(s):  
Punitive Damages ◽  
The Past ◽  
Philip Morris

scholarly journals Punishing Tobacco Industry Misconduct: The Case for Exceeding a Single Digit Ratio Between Punitive and Compensatory Damages

2005 ◽  
Vol 67 (1) ◽  
Author(s):  
Sara D. Guardino ◽  
Richard A. Daynard
Keyword(s):  
Digit Ratio ◽  
Punitive Damages ◽  
State Farm ◽  
Single Digit ◽  
Knowing That ◽  
Large Numbers ◽  
Philip Morris ◽  
Compensatory Damages ◽  
Appeals Court ◽  
Smoking And Health

In State Farm v. Campbell, the U.S. Supreme Court announced that “few awards exceeding a single-digit ratio between punitive and compensatory damages” will be constitutional. Several appeals courts have mistaken this language to be a strict mandate prohibiting punitive damages awards in excess of nine times the compensatory damages amount. This trend, however, may be changing. For example, in one recent smoking and health case brought against Philip Morris, an Oregon appeals court allowed a punitive damages award that was almost 97 times the compensatory damages award. This decision was based on the court’s finding that Philip Morris “used fraudulent means to continue a highly profitable business knowing that, as a result, it would cause death and injury to large numbers of Oregonians.” This article proposes that such wrongdoing (or, “primary” reprehensibility) justifies high punitive damages awards in the context of smoking and health litigation.

Punitive Damages Awards for Flagrant Mismarketing of Products

1984 ◽  
Vol 3 (1) ◽  
pp. 113-124 ◽  
Author(s):  
Fred W. Morgan
Keyword(s):  
Product Liability ◽  
Pivotal Role ◽  
Punitive Damages ◽  
The Past ◽  
Marketing Activities

Punitive damages for marketing misconduct have been granted to plaintiffs in product liability litigation over the past 15 years. In this article, the doctrine of punitive damages is defined and its application in several cases involving marketing activities is presented. Several conclusions relevant to marketers are drawn from these developments. Overall, marketing plays a pivotal role, both in product liability lawsuits asking for punitive damages and in firms’ anticipating and avoiding situations calling for exemplary awards.

Cigarette pricing 1 year after new restrictions on tobacco industry retailer programmes in Quebec, Canada

2019 ◽  
Vol 28 (5) ◽  
pp. 562-565
Author(s):  
Cynthia D Callard ◽  
Neil Collishaw
Keyword(s):  
Tobacco Industry ◽  
The Past ◽  
Price Differentiation ◽  
Convenience Stores ◽  
Philip Morris ◽  
Tobacco Tax ◽  
Retail Outlets ◽  
International Price ◽  
The Impact ◽  
Cigarette Prices

ObjectivesOver the past 15 years, tobacco companies operating in Canada abandoned their long-standing unitary price model in favour of price differentiation. Concerns about low cigarette prices were identified by the Quebec government in 2015 when it introduced restrictions on the types of incentives that tobacco manufacturers may offer to retailers. This study sought to explore cigarette prices in Quebec 1 year after these restrictions came into effect.MethodsDetails on cigarette trading terms and programmes were obtained from websites maintained by retailer groups. Visits were made to tobacco retailers in four Quebec municipalities in the autumn of 2017. The price displayed for cigarettes was observed and recorded in 273 convenience stores.ResultsTwo forms of price differentiation were observed. The first was price-segmentation between brands, reflected in a difference of $3 or more in the average displayed price between premium and discount brands of each manufacturer (ie, $10.48 vs $7.43 for a package of 20 cigarettes of the most and least expensive brands sold by Philip Morris International). Price localisation was also observed, reflected in a $2 range of prices between retail outlets for the same package of cigarettes. Even among outlets of a given chain of convenience stores, the price of the least expensive brands varied by more than $1 per package. The size of the variance in prices rivals or exceeds the size of tobacco tax increases in Quebec over the past decade.ConclusionsRecent restrictions on tobacco industry incentive programmes for retailers have not ended price differentiation. Tobacco manufacturers’ and retailers’ pricing policies continue to provide price-sensitive smokers with ways to avoid the impact of tobacco tax increases.

Observations of the continuum near the galactic centre

1967 ◽  
Vol 31 ◽  
pp. 405
Author(s):  
F. J. Kerr
Keyword(s):  
Galactic Centre ◽  
The Past ◽  
Centre Region ◽  
The Continuum

A continuum survey of the galactic-centre region has been carried out at Parkes at 20 cm wavelength over the areal11= 355° to 5°,b11= -3° to +3° (Kerr and Sinclair 1966, 1967). This is a larger region than has been covered in such surveys in the past. The observations were done as declination scans.

The Origin of the Moon and its Relationship to the Origin of the Solar System

1962 ◽  
Vol 14 ◽  
pp. 133-148 ◽  
Author(s):  
Harold C. Urey
Keyword(s):  
Solar System ◽  
The Moon ◽  
The Past ◽  
The Earth ◽  
Short Period ◽  
Origin Of The Moon

During the last 10 years, the writer has presented evidence indicating that the Moon was captured by the Earth and that the large collisions with its surface occurred within a surprisingly short period of time. These observations have been a continuous preoccupation during the past years and some explanation that seemed physically possible and reasonably probable has been sought.

On The Possibility of an Autonomous History of Modern Southeast Asia

1961 ◽  
Vol 2 (2) ◽  
pp. 73-105 ◽  
Author(s):  
John R. W. Small
Keyword(s):  
Southeast Asia ◽  
Contemporary History ◽  
The Past ◽  
History Of

It is generally accepted that history is an element of culture and the historian a member of society, thus, in Croce's aphorism, that the only true history is contemporary history. It follows from this that when there occur great changes in the contemporary scene, there must also be great changes in historiography, that the vision not merely of the present but also of the past must change.

Stellar Evolution

1962 ◽  
Vol 11 (02) ◽  
pp. 137-143
Author(s):  
M. Schwarzschild
Keyword(s):  
Solar System ◽  
Stellar Evolution ◽  
Space Craft ◽  
New Techniques ◽  
Substantial Body ◽  
Individual Stars ◽  
The Past ◽  
Evolution Of Galaxies ◽  
History Of ◽  
Fast Flow

It is perhaps one of the most important characteristics of the past decade in astronomy that the evolution of some major classes of astronomical objects has become accessible to detailed research. The theory of the evolution of individual stars has developed into a substantial body of quantitative investigations. The evolution of galaxies, particularly of our own, has clearly become a subject for serious research. Even the history of the solar system, this close-by intriguing puzzle, may soon make the transition from being a subject of speculation to being a subject of detailed study in view of the fast flow of new data obtained with new techniques, including space-craft.

Novae in the Magellanic Clouds

1979 ◽  
Vol 46 ◽  
pp. 96-101
Author(s):  
J.A. Graham
Keyword(s):  
Large Magellanic Cloud ◽  
Magellanic Cloud ◽  
Magellanic Clouds ◽  
University Of Michigan ◽  
The Past ◽  
Spectroscopic Information ◽  
Objective Prism ◽  
The University ◽  
Small Cloud ◽  
Low Dispersion

During the past several years, a systematic search for novae in the Magellanic Clouds has been carried out at Cerro Tololo Inter-American Observatory. The Curtis Schmidt telescope, on loan to CTIO from the University of Michigan is used to obtain plates every two weeks during the observing season. An objective prism is used on the telescope. This provides additional low-dispersion spectroscopic information when a nova is discovered. The plates cover an area of 5°x5°. One plate is sufficient to cover the Small Magellanic Cloud and four are taken of the Large Magellanic Cloud with an overlap so that the central bar is included on each plate. The methods used in the search have been described by Graham and Araya (1971). In the CTIO survey, 8 novae have been discovered in the Large Cloud but none in the Small Cloud. The survey was not carried out in 1974 or 1976. During 1974, one nova was discovered in the Small Cloud by MacConnell and Sanduleak (1974).

Immunoferritin localization of intracellular antigens in positively stained frozen sections

1978 ◽  
Vol 36 (2) ◽  
pp. 168-169
Author(s):  
K. T. Tokuyasu
Keyword(s):  
Surface Tension ◽  
Water Surface ◽  
Thin Layers ◽  
The Other ◽  
Positive Staining ◽  
Frozen Sections ◽  
The Past ◽  
Ultrathin Frozen Sections ◽  
Definition Of

During the past investigations of immunoferritin localization of intracellular antigens in ultrathin frozen sections, we found that the degree of negative staining required to delineate u1trastructural details was often too dense for the recognition of ferritin particles. The quality of positive staining of ultrathin frozen sections, on the other hand, has generally been far inferior to that attainable in conventional plastic embedded sections, particularly in the definition of membranes. As we discussed before, a main cause of this difficulty seemed to be the vulnerability of frozen sections to the damaging effects of air-water surface tension at the time of drying of the sections.Indeed, we found that the quality of positive staining is greatly improved when positively stained frozen sections are protected against the effects of surface tension by embedding them in thin layers of mechanically stable materials at the time of drying (unpublished).

The Use of Advanced Analytical Techniques for Characterization of the Chemical, Physical, and Crystallographic Nature of a Surface

1973 ◽  
Vol 31 ◽  
pp. 132-133 ◽  
Author(s):  
R. E. Herfert
Keyword(s):  
Surface Characterization ◽  
Analytical Techniques ◽  
X Ray Diffraction ◽  
Depth Of Penetration ◽  
X Ray ◽  
The Past ◽  
Transmission Electron ◽  
Scanning Electron

Studies of the nature of a surface, either metallic or nonmetallic, in the past, have been limited to the instrumentation available for these measurements. In the past, optical microscopy, replica transmission electron microscopy, electron or X-ray diffraction and optical or X-ray spectroscopy have provided the means of surface characterization. Actually, some of these techniques are not purely surface; the depth of penetration may be a few thousands of an inch. Within the last five years, instrumentation has been made available which now makes it practical for use to study the outer few 100A of layers and characterize it completely from a chemical, physical, and crystallographic standpoint. The scanning electron microscope (SEM) provides a means of viewing the surface of a material in situ to magnifications as high as 250,000X.

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