Assume that you are a State Court judge in the case of Boeken v Philip Morris, Inc. Boeken began smoking Marlboro cigarettes at the age of 10. He smoked for more than 40 years.

First, read the opinion excerpt.
Submission should be at least 3 paragraphs and no more than 5.
Assume that you are a State Court judge in the case of Boeken v Philip Morris, Inc. Boeken began smoking Marlboro cigarettes at the age of 10. He smoked for more than 40 years. He was diagnosed with lung cancer. He filed suit against Philip Morris for fraud and other torts. The jury awarded compensatory damages of $5.5 million, and punitive damages of $3 billion.
Answer the following questions:
– Should the punitive damage award be increased, reduced or kept as is?
– What purposes are served by punitive damages?
– Should they be designed primarily to compensate individual victims or punish defendants?
– Should any limits be placed upon punitive damages? What relationship should punitive damages have to compensatory damages?
Consider the approach in maritime cases (1/1 ratio Exxon Valdez) and another approach (State Farm v Campbell) suggesting no more than a 9/1 ratio in most cases. This 9/1 ratio may be exceeded if the defendant’s behavior is particularly bad.
You should discuss at least one argument in favor of Boeken (to keep as is or increase) and at least one argument in favor of Philip Morris (to reduce and by how much) and then conclude with your answer.


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