Refresh   Tag(s): ; ; ; ; ; ; ; ; ; ; (more...)  (less...)
Add to My Group
March 31, 2009 at 11:25:35

Must Read 2   Well Said 1   News 1   View Ratings | Rate It

Promoted to Headline (H3) on 3/31/09:

Taking A Lost Case to the Supreme Court-- Three Times?

FACEBOOK
submit to twitter
submit to reddit
submit to digg

Tell A Friend

By Rob Kall (about the author)     Page 1 of 1 page(s)

opednews.com     Permalink

For OpEdNews: Rob Kall - Writer

Altria, formerly R.J. Reynolds, the tobacco company, has been rebuffed in it's third effort to get out of paying a $79 million punitive damages judgment a jury awarded in 1999 because the widow of a patient who died of lung cancer, as AP reports it, "convinced a jury that Philip Morris should be held accountable for misleading people into thinking cigarettes weren't dangerous or addictive."

Three times, over ten years, Altria delayed and avoided paying the damages, which have grown to $145 million, with accrued interest.

The tough thing to swallow is that this case was allowed to be appealed three times to the supreme court. In my mind, and I think, the minds of most americans and even the rest of the world, an appeal to the supreme court is the final, ultimate appeal and the decision is the final decision.


It is outrageously wrong that Altria/R.J. Reynolds tobacco could, because of its immense wealth and deep pockets, delay and abuse the system by re-appealing two more times after the original decision in 2002, which rejected the original $80 million award, saying, in a despicably pro-business decision, that the maximum punitive damage should be nine times actual economic loss. This is despicable because it takes the bottom up power of the people in the shape of the jury, to decide the appropriate punishment. Why should a bunch of right wing assholes, like Scalia, an arrogant bigot, Roberts, a liar who engaged in total dishonesty when interviewed for the job by the senate, Alito, a confessed right wing extremist and Justice Thomas, a right wing whore, be allowed to decide what is a fair and just punishment. This is total abrogation of states and community rights-- an attack upon local community by the supreme court's right wing corporate fascist whore quintet.

Perhaps, with an intent to salvage their irredeemable legacy, these right wingnut Supremes who chose to disrespect state values, did not firmly state that the nine times actual cost rule should apply to all damages. They were probably thinking that this might hurt some corporation going after a state or city some day. But they left the door open and the Oregon state supreme court came back with a decision to reinforce the same $79 million award citing "extraordinarily reprehensible" conduct by Philip Morris (now Altria) officials.

There was another appeal in 2007, where the same corporate-fascist quintet of supreme court justices protected corporations by saying that only the damaged person could sue, not others who had similar claims-- thus making it harder for individuals to seek justice against corporations. To the credit of the Oregon Supreme court, they basically told the SCOTUS justices to go F themselves and it held to the original reward, supporting the original trial judge's decision not to accept the instructions to the jury that R.J. Reynolds tried to insert, to influence the case. The Oregon supreme court determined that there were defects in those proposted instructions that violated Oregon law.

So, basically, what happened in 2007 was Altria complained because a judge didn't accept their request for instructions that would have helped their case. The SCOTUS right wing whore quintet-- Justice Scalia, Justics Thomas, Justice Alito, Chief Justice Roberts and the deal closer for the quintet, Justice Anthony Kennedy cast votes to protect corporations over people. The Oregon Supreme court justices held firm.

It's not over yet. There will be a final appeal to the Oregon Supreme court. They have a record the state of Oregon can be proud of.

But let's take a moment to think about appealing the rulings of the supreme court. I'm no attorney, but what if Al Gore had done it?

The Supreme court is broken. The quintet is an affliction upon democracy and the people of the nation and the planet. The five supremes, with Justice Thomas being rated the most conservative-- the biggest whore-- have shown their true colors. Their sense of justice is filtered through a corporate perspective. PEople can't appeal to the supreme court three times. Oh they may be allowed to, but no-one has the resources. There is something very wrong and it needs to be fixed.

 

Rob Kall is executive editor, publisher and site architect of OpEdNews.com, Host of the Rob Kall Bottom Up Radio Show (WNJC 1360 AM), President of Futurehealth, Inc, (more...)
 

The views expressed in this article are the sole responsibility of the author
and do not necessarily reflect those of this website or its editors.

Contact Author Contact Editor View Authors' Articles

Follow Me on Twitter

 

Book Recommendations for "Altria"
Capillary Electrophoresis Guidebook: Principles, Operation, and Applications (Methods in Molecular Biology)
by Kevin D. Altria

$109.00
Lowest New Price $81.37

Number of pages: 349
Publisher: Humana Press

Whitney Museum of American Art at Altria: 25 Years
by Adam D. Weinberg

$45.00
Lowest New Price $11.16

Number of pages: 208
Publisher: The Whitney Museum of American Art

View All Book Recommendations

Share this page: (what's this?)                   Tell a Friend: Tell A Friend

FACEBOOK      DIGG THIS      Add This Page to Mr Wong!           NEWSVINE      DEl.ICIO.US      Looksmart Furl      NETSCAPE      My Web      Tag!RawSugar      Blink List     (More...)

Comments: Expand   Shrink   Hide  
21 comments
To view all comments:
Expand Comments
 

I agree with you for once. by ConSion on Tuesday, Mar 31, 2009 at 12:05:29 PM
Accountability by Sister Begonia on Tuesday, Mar 31, 2009 at 1:55:38 PM
Money, not courts, are the problem. by Paul Kruger on Tuesday, Mar 31, 2009 at 12:23:52 PM
Justice for sale by Sister Begonia on Tuesday, Mar 31, 2009 at 1:58:28 PM
Lost case again and again by The Candid Blogger on Tuesday, Mar 31, 2009 at 12:28:39 PM
The whole government is illegitimate: by William Whitten on Tuesday, Mar 31, 2009 at 12:43:55 PM
How to Beat a Corrupt Supreme Court by Jason Paz on Wednesday, Apr 1, 2009 at 3:22:23 AM
Phillip Morris + Exxon = F/U by Sister Begonia on Tuesday, Mar 31, 2009 at 1:52:05 PM
TIP OF THE ICEBERG... by Professor Fandel on Tuesday, Mar 31, 2009 at 3:40:47 PM
smoking by Chester Marzolf on Tuesday, Mar 31, 2009 at 6:13:35 PM
Read the paper today, Chester? by Professor Fandel on Friday, Apr 3, 2009 at 1:25:48 PM
Impeachment is the solution, by Samuel Bryan on Tuesday, Mar 31, 2009 at 3:18:03 PM
These trials are all nothing but a fraud and a charade by Carol Thompson on Tuesday, Mar 31, 2009 at 6:36:07 PM
What else is new? by Katrin R. on Tuesday, Mar 31, 2009 at 6:54:48 PM
Corruption of Supreme Courts and Big Business by Snoopy on Tuesday, Mar 31, 2009 at 7:54:13 PM
Oh, indeed, something is wrong, and your anger justified ... by Mr M on Tuesday, Mar 31, 2009 at 8:03:38 PM
Interesting -- by EisforEverything on Tuesday, Mar 31, 2009 at 11:32:38 PM
It's already fixed! by MJ Creech on Wednesday, Apr 1, 2009 at 2:08:26 AM
The award by sommers on Wednesday, Apr 1, 2009 at 11:20:27 AM
Who's to Blame????? by sandy valencour on Wednesday, Apr 1, 2009 at 5:47:32 PM
Your Wish Is About To Come True... by Professor Fandel on Friday, Apr 3, 2009 at 1:31:41 PM

 

 

 

Tell a Friend: Tell A Friend

Copyright © 2002-2010, OpEdNews

Powered by Populum