Fontaine v. Philip Morris USA Inc.

On April 22, 2026, the Massachusetts Supreme Judicial Court refused to hold that punitive damages awards require proof by clear and convincing evidence and, when requested, bifurcated trials. The decision was a setback for WLF, which  joined the U.S. Chamber of Commerce on an amicus brief prepared by Mark C. Fleming of Wilmer Hale. The brief argued that a heightened clear-and-convincing evidence standard, as required in most states, along with trial bifurcation, would prevent juries from being swayed by irrelevant wealth or misconduct evidence during the liability phase.