Philip Morris USA Inc., et al. v. Accord, et al.

Whether the Due Process Clause bars the use of "reverse bifurcation" in a consolidated mass-tort trial, whereby a defendant's liability for punitive damages to hundreds of plaintiffs is adjudicated, based entirely on aggregate proof, prior to any finding of compensatory liability to even a single plaintiff.

NCLC filed a brief urging the Supreme Court to grant review of West Virginia’s practice of requiring juries to assess punitive damages before determining liability or compensatory damages (“reverse bifurcation). In its brief, NCLC contended that this case presents this Court with a valuable opportunity to clarify and enforce the limitations placed by the Due Process Clause of the Fourteenth Amendment on the authority of state courts to abandon traditional, time-honored safeguards historically observed in the conduct of civil litigation.

The Supreme Court declined to review this case.

Amicus brief filed 1/16/08. Decided 2/25/08.