Cote v. Philip Morris USA, Inc., No. 19-14074 (11th Cir. 2021)Annotate this Case
The Eleventh Circuit affirmed the district court's order denying Philip Morris's motion for a new trial or to reduce the punitive damages award in favor of Judith Berger, concluding that the punitive damages award is not unconstitutionally excessive and does not violate due process. In this case, a jury awarded Judith $6.25 million in compensatory damages and approximately $20.7 million in punitive damages for smoking-related injuries. The court concluded that Philip Morris's argument that the punitive damages award is unconstitutionally excessive is not barred by the court's decision in Cote I. The court also concluded that the punitive damages award is not unconstitutionally excessive in light of the degree of reprehensibility of Philip Morris's conduct; the ratio of the punitive damages award to the actual or potential harm suffered by Judith; and the difference between the punitive damages award and the civil penalties authorized or imposed in comparable cases.
This opinion or order relates to an opinion or order originally issued on November 26, 2018.