News & Analysis as of

Punitive Damages Amicus Briefs

Troutman Pepper

Amici Tell Fourth Circuit that District Court Ruling Imperils Funds Transfer Laws

Troutman Pepper on

On October 17, the Clearing House Association, LLC (Association) and National Automated Clearing House Association (Nacha) joined forces to submit an amicus brief in support of a credit union held liable by a district court...more

Mayer Brown

Seventh Circuit Agrees With Mayer Brown Amicus Brief That $3 Million Punitive Damages Award Was Unconstitutionally Excessive

Mayer Brown on

Last summer, my colleague C.J. Summers and I posted a report about Saccameno v. U.S. Bank National Association, a Seventh Circuit case in which we had filed an amicus brief on behalf of the Chamber of Commerce of the United...more

Mayer Brown

Mayer Brown Submits Amicus Brief For Chamber Of Commerce In Seventh Circuit Appeal Involving Proper Application Of Punitive...

Mayer Brown on

Although the Supreme Court identified three guideposts for evaluating whether a punitive award is unconstitutionally excessive 23 years ago in BMW v. Gore and refined those guideposts 16 years ago in State Farm v. Campbell,...more

Mayer Brown

Mayer Brown Files Amicus Brief Urging Supreme Court To Hold That Punitive Damages May Not Be Awarded In Connection With...

Mayer Brown on

In an earlier post, I discussed the Supreme Court’s grant of certiorari in Dutra Group v. Batterton, which presents the question whether punitive damages may be awarded under federal maritime law in connection with an...more

Mayer Brown

Mayer Brown Submits Amicus Brief For Chamber Of Commerce, American Tort Reform Association, And American Insurance Association In...

Mayer Brown on

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...more

Mayer Brown

California Supreme Court Holds That Brandt Fees Awarded Post-Trial By A Court Must Be Included In Denominator Of...

Mayer Brown on

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...more

Mayer Brown

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

Mayer Brown on

Lately, 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...more

Faegre Drinker Biddle & Reath LLP

When Are Punitive Damages Too Punitive?

The defendants aren’t in the health care business, but their April 1 victory in the Tenth Circuit has implications for defendants in all lines of business. That’s why the U.S. Chamber of Commerce weighed in with an amicus...more

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