Robert S. Peck of the Center for Constitutional Litigation, P.C., will argue on behalf of the widow of Jesse Williams, a man who died from lung cancer.  Mr. Williams smoked Marlboro cigarettes after being convinced by Philip Morris, the brand’s manufacturer, that the product was safe.   

The case was heard by the U.S. Supreme Court two years ago, when the Court held that the Oregon Supreme Court mistakenly ruled that a jury instruction that limited the use of evidence that others had been harmed was not authorized by the Due Process Clause.  Upon return of the case to the Oregon court, that court held that Philip Morris did not properly request the limiting jury instruction regarding harm Philip Morris may have caused others because the proposed instruction was not clear and correct in all respects. 

The case could determine whether companies like Philip Morris may ignore state procedural rules that apply to all other parties.

At the original trial of this case, documents revealed that cigarette manufacturers engaged in a four-decades-long effort to counter public health warnings about the dangers of cigarette smoking.  Only months after the jury returned its verdict in this case in 1999 did the companies’ admit what they knew all along: smoking causes cancer and is addictive. In repeatedly appealing this verdict, Philip Morris appears to be following a well-documented strategy to make lawsuits against tobacco companies so expensive that claimants cannot afford to bring them to court.

The Center for Constitutional Litigation, P.C. is a law firm dedicated to challenging laws that impede access to justice.  CCL attorneys argue key cases in the U.S. Supreme Court and state supreme courts that protect citizens’ rights in the civil justice system. 

Background on Case