An Oregon jury awarded $79.5 million in punitive damages to the widow of a heavy cigarette smoker who died of smoking-related lung cancer. The judgment against Philip Morris was reduced to $32 million by the judge. On appeal, the U.S. Supreme Court overturned the punitive damage award as a taking of property from the defendant without due process of law. While such damages may be imposed to punish unlawful conduct and deter its repetition, they may not be arbitrary nor grossly excessive, according to Justice Breyer. Due process forbids a state to use a punitive damages award to punish a defendant for injury that it inflicts upon nonparties, as the jury appeared to do in this case. What does this mean? Philip Morris USA v. Williams 127 S.Ct. 1057 (2007). In dissent, Justices Ginsberg and Thomas argued that the punishment is based on how reprehensible the conduct was—and the more people injured, the more reprehensible the conduct.

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