Is Oregon State Law Sufficient to Defeat Philip Morris’s Federal Rights?
Even if the Oregon Supreme Court legitimately considered state law issues on remand, the parties disagree over whether Oregon’s “correct in all respects” law was sufficient to bar Morris’s federal rights. See Brief for Petitioner at 26; Brief for Respondent at 25, 42. State procedural laws must satisfy certain “federal standards of adequacy” in order to bar federal claims: first, the law must be “firmly established” and “regularly followed”; secondly, the law must serve a legitimate state purpose. Brief for Petitioner at 26.
