Mayer Brown - Punitive Damages Blog

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1999 K Street NW
Washington, DC 20006, United States
Phone: 202-263-3000
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Third Circuit Issues Helpful Decision On Punitive Liability Under New Jersey Law

In a recent decision in In re Paulsboro Derailment Cases, the Third Circuit affirmed the dismissal of a case brought by plaintiffs who alleged that they had been exposed to airborne chemicals following a train derailment. This…more
 /  Civil Procedure, Personal Injury

Fourth Circuit Issues Mixed-Bag Decision On Punitive Damages In FCRA Cases

Inevitably, when conscientious judges delve into the multi-dimensional issue of excessive punitive damages, they get some things right and other things wrong. Such is the case with the Fourth Circuit’s recent decision in…more
 /  Civil Remedies, Constitutional Law, Finance & Banking, Consumer Protection

California Jury Returns $417 Million Award—Of Which $347 Million Constitute Punitive Damages—In Individual Case Alleging That Talcum Powder Causes Ovarian Cancer

They don’t call the California Superior Court in Los Angeles “The Bank” for nothing. Late last month, a jury held Johnson & Johnson liable for $70 million in compensatory damages and $347 million in punitive damages in a case…more
 /  Civil Procedure, Civil Remedies, Products Liability

Federal Jury Returns $150 Million Punitive Verdict Against AbbVie—Without Awarding Any Compensatory Damages For The Plaintiff’s Injury—As A Result Of Multiply Flawed Jury Instructions

You’ve likely seen by now media reports about an Illinois federal jury’s $150 million punitive award against AbbVie in a case brought by a plaintiff who alleged that AbbVie’s low-T medication AndroGel caused his heart attack…more
 /  Civil Remedies, Products Liability, Science, Computers, & Technology

Texas Supreme Court Issues Important Decision On How To Calculate Ratio Of Punitive To Compensatory Damages In Multi-Defendant Cases

Application of the Supreme Court’s excessiveness guideposts to cases involving multiple defendants is one of the more confounding problems that arises in punitive damages jurisprudence. The Supreme Court of Texas got the issue…more
 /  Civil Remedies

Florida Appellate Court Adopts Favorable Interpretation Of Punitive Damages Statute

In an effort to address the problem of excessive, multiple punishment, the Florida Legislature enacted a statute that “punitive damages may not be awarded against a defendant in a civil action if that defendant establishes,…more
 /  Civil Remedies

West Virginia Supreme Court Holds That State’s Cap On Punitive Damages Applies To Claims That Arose Before the Statute’s Effective Date

In 2015, West Virginia enacted a statute that caps punitive damages at the greater of $500,000 or four times the compensatory damages. We blogged about the statute here, explaining that the West Virginia legislature was seeking…more
 /  Civil Procedure, Civil Remedies

Punitive Damages Overkill Redux: J&J Hit With Another Massive Disproportionate Punitive Award In Talc Litigation

Just about a week after suffering its third punitive award in pelvic-mesh litigation, Johnson & Johnson found itself on the wrong end of a $105 million punitive award—close to 20 times the $5.4 million compensatory award—in…more
 /  Products Liability

Punitive Damages Overkill: J&J Hit With Still Another Disproportionate Punitive Award In Pelvic-Mesh Litigation

As early as 1967, Judge Friendly worried about the phenomenon of punitive damages overkill in mass tort litigation. Fifty years later, the problem persists…more
 /  Civil Procedure, Civil Remedies, Health, Products Liability, Science, Computers, & Technology

Bankruptcy Court Imposes Massively Disproportionate $45 Million Punitive Exaction, Then Plays Santa Claus With $40 Million Of It

A bankruptcy judge in the Eastern District of California recently issued a decision that is sure to raise appellate eyebrows. Concluding in In re Sundquist that the defendant bank had violated the automatic stay by…more
 /  Bankruptcy, Civil Procedure, Civil Remedies, Constitutional Law, Finance & Banking

Mayer Brown Submits Amicus Brief For Chamber Of Commerce, American Tort Reform Association, And American Insurance Association In Eighth Circuit Appeal Involving Proper Application Of Punitive Damages Guideposts

Seemingly minor legal issues sometimes can have a surprisingly significant effect. That is particularly true with the ratio guidepost because the effect of any dispute about the guidepost’s application is literally multiplied…more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Thomson Reuters Publishes Fourth Edition Of Business And Commercial Litigation In Federal Courts, Containing Our Chapter On Punitive Damages

We are excited to report that in late December Thomson Reuters released the fourth edition of the multi-volume treatise Business and Commercial Litigation in Federal Courts. As in the first three editions, we contributed the…more
 /  Civil Procedure, Civil Remedies

Kansas City Gives St. Louis A Run For The Money–Literally

St. Louis and Kansas City have long been cross-state baseball rivals. Who can forget the 1985 I-70 World Series? So it is hardly surprising that on the eve of St. Louis being named by the American Tort Reform Association as…more
 /  Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

Kentucky Court Of Appeals Slashes Punitive Award Against Grant Thornton

A couple of months ago, the Kentucky Court of Appeals in Grant Thornton LLP v. Yung cut a trial court’s award of punitive damages from $80 million to $20 million—reducing the punitive/compensatory ratio to 1:1…more
 /  Civil Procedure, Civil Remedies, Constitutional Law, Taxation

St. Louis Jury Returns Another Jaw-Dropping Verdict Against Johnson & Johnson

In recent years, St. Louis has done much to earn a place on the American Tort Reform Association’s list of judicial hell holes. Not content to rest on its laurels, the St. Louis circuit court grabbed the headlines again last…more
 /  Civil Procedure, Civil Remedies, Products Liability, Science, Computers, & Technology
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