Philip Morris has filed a petition for review to the California Supreme Court from the Second Appellate District’s Jan. 30 opinion, which reversed a $28 million punitive damages award. Philip Morris is asking the Supreme Court to review the portions of the opinion that rejected Philip Morris’ preemption argument and rejected its request to expand the retrial beyond just the amount of punitive damages.
For further posts on this case, see our original post about the Bullock opinion, our follow-up post about the impact of Bullock on the CACI punitive damages instructions, and our follow-up post about the use of remittitur to cure legal error.