The justices have twice struck down the award to the family of a longtime smoker of Marlboros, made by Altria Group Inc.'s Philip Morris USA.

Oregon courts have repeatedly upheld the judgment. The most recent ruling, in January, followed a high court decision last year that said jurors may punish a defendant only for harm done to someone who is suing, not other smokers who could make similar claims.

The justices will consider only whether the Oregon Supreme Court in essence ignored the U.S. high court's ruling, not whether the amount of the judgment is constitutionally permissible.