Philip Morris USA Inc. and R.J. Reynolds Tobacco Company v. Robin Cohen, as Personal Representative of the Estate of Nathan Cohen

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that deprivation of livelihood is another factor to be considered in the Bajakajian analysis, not a separate inquiry
• explaining that courts may consider fine’s impact on future ability to earn a livelihood
• discussing imposition of sentence and fine within the context of the criminal Sentencing Guidelines and statutory maximum penalties
• distinguishing “punitive” fines from “purely ‘remedial’ forfeitures . . . .”
• “[I]t seems unlikely that the Bajakajian Court meant to preclude courts from considering whether a forfeiture would deprive an offender of his livelihood.”
• “A forfeiture is unconstitutionally excessive if it is grossly disproportional to the gravity of a defendant’s offense.”

Source: CourtListener parenthetical corpus (CC0).