The plaintiff, William Gasperini, was an American journalist and photographer for CBS News and the Christian Science Monitor who, during the course of seven years in Central America, took over 5,000 slide transparencies depicting war, political leaders and everyday life.

The United States Court of Appeals for the Second Circuit vacated the judgment and remanded for a new trial, unless the plaintiff accepted a remittitur for $100,000.

The case involved an important issue of what standard of review should be used by a federal court in measuring the excessiveness of a jury verdict.

Justice Ginsburg delivered the majority opinion of the Court, which held that the federal district court should apply the New York standard for excessiveness, reasoning that the case did not include a distinct choice between federal and state interests, but rather presented an opportunity to serve both interests.

The New York excessiveness standard reflected the state’s substantive interest in tort reform, so the federal courts should follow it.