[1] The Court reached this conclusion applying guideposts first noted in BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), requiring courts to consider: In 1981, Curtis Campbell (who was insured by State Farm) caused an accident in which Todd Ospital was killed and Robert G. Slusher was left permanently disabled; both witnesses to the accident and investigators confirmed Campbell was at fault.

The attorneys for Slusher and Ospital's estate would represent the Campbells in the bad-faith suit and would make all major decisions regarding it.

Nevertheless, the Campbells filed suit against State Farm alleging bad faith, fraud, and intentional infliction of emotional distress.

[4] Justices Antonin Scalia and Clarence Thomas adhered to their previously expressed views that the Due Process Clause and Constitution provide no protection against "excessive" punitive damage awards.

She expressed her view that the Supreme Court "has no warrant to reform state law governing awards of punitive damages."