The U.S. Supreme Court granted cert in Williams v. Philip Morris again, but it’s a little quick for Philip Morris to start celebrating, as it’s a long way to a reversal.

Here’s the kind of analysis, from Portland’s Ater Wynne, that drives me to drink: “The U.S. Supreme Court today agreed to review only whether the state court was prohibited from, in effect, ignoring its directive to apply the federal constitutional standard.”

But this is the exact question, from Philip Morris’ petition, which the U.S. Supreme Court agreed to review:

“1. 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”

And the problem, of course, is that any Oregon trial lawyer will confirm that the rule requiring a party to submit accurate jury instructions is both “firmly established” and “regularly followed.” If the U.S. Supreme Court decides the question on the merits with reference to Oregon law, the outcome will be straightforward. Of course, there is no guarantee that this Court will decide the case on the rule of law. See generally, Bush v. Gore.

David Sugerman

Tags: Philip Morris, Portland personal injury lawyer, punitive damages, sugerman, tobacco, U.S. Supreme Court, Williams