SJC hears challenge to billion-dollar punitive award; debate centers on remittitur, bifurcation and burden of proof

BOSTON — The Massachusetts Supreme Judicial Court on [date not specified] heard argument over whether a jury's extraordinary punitive damages award in a wrongful-death suit against Philip Morris so tainted the trial that the compensatory verdict must be vacated or a new trial ordered.

Attorney Scott Chesson, arguing for the appellant, told the court the jury returned “a punitive damages verdict is a 100 times higher than the next highest verdict against Philip Morris here in this Commonwealth” and said that scale, coupled with evidence of corporate wealth, creates a presumption of passion and prejudice that can infect the entire decision-making process.

Chesson emphasized that the original punitive award was about $1,008,000,000 and that the trial judge later remitted the punitive award to a substantially lower figure; he argued that even if remittitur reduced the sum, the jury's initial conduct and exposure…