The Massachusetts Supreme Judicial Court is reviewing Armand Fontaine v. Philip Morris USA Inc. (Docket No. SJC-13778), a case that in 2022 produced one of the largest tobacco verdicts in state history after a Middlesex County jury awarded $8 million in compensatory damages and $1 billion in punitive damages. The trial court later reduced the punitive award to $56 million.
Philip Morris appealed, saying the massive award showed the jury was “inflamed beyond reason,” that punitive damages should require a clear and convincing evidence standard or a separate (bifurcated) trial phase, and that guardrails should be enacted to prevent “nuclear verdicts” (awards of more than $10 million).
Law360’s Chris Villani wrote that the “court appeared unreceptive to arguments” for imposing new procedural rules, noting existing safeguards such as judicial review and remittitur already limit excessive awards. A decision is expected to clarify how Massachusetts courts handle punitive damages going forward.