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
7/22/2019
/ Amicus Briefs ,
Appeals ,
Breach of Contract ,
Calculation of Damages ,
Chamber of Commerce ,
Clerical Errors ,
Compensatory Damages ,
Constitutional Challenges ,
Consumer Bankruptcy ,
Consumer Protection Laws ,
Default ,
Loans ,
Mortgages ,
Punitive Damages ,
Statutory Violations ,
US Bank National Association
Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more
10/17/2016
/ Appeals ,
BMW ,
Compensatory Damages ,
Corporate Counsel ,
Emotional Distress Damages ,
False Billing ,
Hiring & Firing ,
Lost Wages ,
Pharmacies ,
Pharmacist ,
Punitive Damages ,
Remand ,
Retaliation ,
Wage and Hour ,
Walgreens ,
Wrongful Termination
Although the Supreme Court’s modern due process cases have given lower courts a framework for deciding whether an award of punitive damages is excessive, some lower courts have been misapplying the Supreme Court’s guidance,...more