Civil Remedies

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 19, 2013

Is There A Constitutional Right To Punitive Damages?

by Dechert LLP on 4/30/2012

We recently came across a post on a Bricker & Eckler blog, about a recent Ohio Supreme Court case, Havel v. Villa St. Joseph, 963 N.E.2d 1270 (Ohio 2012), upholding the constitutionality of an Ohio statute imposing mandatory...more

Pain Pump Plaintiff’s Promotion-Based Punitives Precluded

by Dechert LLP on 4/13/2012

It’s déjà vu all over again. Taking a rather tattered page from the Bone Screw plaintiffs’ spectacularly unsuccessful playbook of a decade ago, at least some plaintiffs in the every-man-for-himself Pain Pump litigation are...more

Tobacco Companies Get Smoked in Court

by Lawyers.com on 4/3/2012

Big tobacco companies are exposed to billions of dollars in damages in Florida smokers’ lawsuits now that the they’ve lost their attempt to overturn multi-million dollar verdicts when the U.S. Supreme Court decided not to...more

CAFA - Not With Standing?

by Dechert LLP on 2/9/2012

We were just reading an interesting, relatively new, decision from our home Circuit, Reilly v. Ceridian Corp., 664 F.3d 38 (3d Cir. 2011), and our reaction to it wasn’t quite what most readers would expect. ...more

Arkansas Supreme Court Strikes Down “Tort Reform” Law

by Lawyers.com on 1/30/2012

The Arkansas Supreme Court put the state’s legislature in its place with its decision in a recent medical malpractice case. On Jan 19, the state’s highest court struck down provisions of the controversial 2003 Civil Justice...more

One On One

by Dechert LLP on 8/18/2011

This is a post about one of our least favorite subjects – punitive damages. We had to conduct some research recently that we thought we’d share with you. It has to do with the lowest constitutional limit on punitive damages...more

Economic Loss Plaintiffs Don't Step Up To The Plate

by Dechert LLP on 7/22/2011

When we convince a court that an action against one of our clients must be dismissed for failure to state a claim – say, for TwIqbal reasons – under Rule 12, we sometimes say that the plaintiff's case was so poor that s/he...more

Federalism And Tort Reform

by Dechert LLP on 5/31/2011

On Wednesday, we discussed the relevant parts of pending tort reform legislation. Earlier in the month we updated our favorite federalist point, which is that federal courts should not issue expansive interpretations of state...more

Why We Can't Sue Our Way to Prosperity

by Dechert LLP on 5/30/2011

The House Judiciary Committee's Subcommittee on the Constitution held a hearing earlier this week on "Can We Sue Our Way to Prosperity?: Litigation's Effect on America's Global Competitiveness." Speakers included a public...more

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