Texas Court Of Appeals Reduces $115 Million Punitive Award To A Mere Shadow Of Itself

HiResCourts applying BMW and State Farm often emphasize the Supreme Court’s admonition that the constitutional line is not “marked by a simple mathematical formula”—typically when rejecting a defendant’s argument that the ratio of punitive to compensatory damages is indicative of …

California Supreme Court Holds That Brandt Fees Awarded Post-Trial By A Court Must Be Included In Denominator Of Punitive/Compensatory Ratio

fraction (1)On June 9, 2016, the California Supreme Court issued its decision in Nickerson v. Stonebridge Life Insurance Co., holding that so-called Brandt fees should be treated as compensatory damages when calculating the ratio of punitive to compensatory damages even …

Johnson & Johnson Hit With Two Huge Punitive Awards In Missouri Talcum Powder Litigation

We have previously posted—for example, here, here, here, and here—about the thorny problem of avoiding excessive punishment when multiple plaintiffs seek punitive damages for the same course of conduct.  Johnson & Johnson is the latest corporation …

Reflections on the Twentieth Anniversary of BMW v. Gore

License Plate1Tomorrow marks the twentieth anniversary of the Supreme Court’s decision in BMW of North America. Inc. v. Gore, the first time the Court had ever held that a punitive damages award was unconstitutionally excessive under the Due Process Clause.…

Tenth Circuit Reduces Punitive Award By More Than Ninety Percent In Carbon Monoxide Case

Carbon-monoxide-3D-ballsLately, we have had many occasions to criticize courts’ analysis of punitive damages issues, so it is nice for a change to be able to report on the Tenth Circuit’s insightful decision in Lompe v. Sunridge Partners.  Readers may …

Illinois Appellate Court Upholds $2 Million Punitive Award Against Chicago State University

Chicago_State_Athletics_wordmarkThe due process review of a punitive damages award for excessiveness has a number of interconnected parts. A series of relatively small errors can quickly add up and dramatically skew the outcome of a review process that is intended to …

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