31.   Judge Zilly ruled once before in this case to apply Washington rather than California law, thus dismissing the punitive damage claim.

32.   Jurors for the first time in a tobacco trial will be allowed to award punitive damage.

33.   Last year, the Miami jury held that the industry had conspired to hide the dangers of its products, setting the stage for a likely punitive damage award.

34.   Last week, House Republicans gave way to the Senate on a bill that would cap punitive damage awards in cases where a product injured a consumer or business.

35.   Many Democrats are willing to bar punitive damage claims against the government, but not against everyone else.

36.   Negotiators are working on a plan to ban smokers from filing class-action lawsuits or seeking punitive damage awards from cigarette makers.

37.   President Clinton, who has stated his opposition to punitive damage caps, said he will veto the bill unless changes are made.

38.   Proponents of the measure argued that punitive damage awards in such suits have skyrocketed beyond reason.

39.   Proponents of the measure argued that excessive punitive damage awards have made a mockery of the American judicial system.

40.   Simon said the punitive damage award was six times the California HMOs net worth.