This week, I want you to consider the case ofBoekenv. Philip Morris, Inc.In this case, Richard Boekenhas significant physical injuries from smoking and a jury awards his family (he died while the case was pending) $5.5 million in compensatory damages.That is NOT our focus for this discussion.Just reminding you that compensatory and punitive damages are different.

Our focus is on the punitive damage award.At trial Richard Boeken's attorneys establish that Philip Morris fraudulently concealed that cigarettes were addictive and bad for you.Regardless of your views on this subject, you must accept that the trial court accepted this conclusion.The jury awarded $3 BILLION in punitive damages.

Do you think this punitive damage award was too high, too low or just right?There are arguments on both sides at the bottom of the case.Which arguments do you find most compelling, and why?How would you come up with a punitive damage award?