In a case against Philip Morris, the Oregon Supreme Court has upheld a $79.5 million award to a woman whose husband died of lung cancer, the Oregonian reported Feb. 1.

The ruling surprised some observers; the U.S. Supreme Court overturned the ruling and sent it back to the Oregon court last year after the tobacco company challenged the instructions given to jurors by the trial judge. A similar back-and-forth occurred in the case in 1993.

The high court did not order the Oregon court to reject the award, however, and observers said the state court appeared to be "calling their bluff." In 2006, the Oregon Supreme Court approved the damages award even though it exceeded guidelines set by the U.S. Supreme Court, stating that Philip Morris' behavior in marketing its products was "reprehensible."

"This is an inexplicable attempt by the Oregon Supreme Court to avoid the ruling of the nation's highest court," said Philip Morris' lead attorney William S. Ohlemeyer, who promised to appeal the ruling again to the high court. Some experts expressed doubts about whether the U.S. Supreme Court would agree to review the case again, fearing harm to its reputation if it appears that the justices are going out of their way to help the tobacco industry.