Searching Content indexed under Litigation, Mediation & Arbitration by Andrew Frey ordered by Published Date Descending.
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Is 2:1 The New 1:1?
Over the years, we have reported on many cases in which courts adhered to the Supreme Court's guidance in State Farm (and Exxon Shipping Co. v. Baker) that, when compensatory damages...
United States
9 Aug 2018
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.
United States
6 Jan 2017
Reflections On The Twentieth Anniversary Of BMW v. Gore
Tomorrow 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.
United States
23 May 2016
Illinois Appellate Court Upholds $2 Million Punitive Award Against Chicago State University
The due process review of a punitive damages award for excessiveness has a number of interconnected parts,
United States
12 Apr 2016
California Court Of Appeal Bends Over Backwards To Uphold Substantial Punitive Award In Asbestos Case
The plaintiff is the widow of a construction worker who died of mesothelioma, a disease typically associated with asbestos exposure.
United States
22 Feb 2016
Federal District Court Issues Split Decision On Admissibility Of Evidence Bearing On Punitive Damages
As we have observed in a prior post, defendants in punitive damages cases often fail to develop evidence in mitigation of the amount of punitive damages, enabling the plaintiff to focus the jury on evidence about the defendant's wealth and to argue ..
United States
11 Nov 2015
Why Shady Grove Should Be No Impediment To Obtaining Bifurcation In Federal Court
As we have noted in prior posts, many states require courts to bifurcate punitive damages trials upon the defendant's request.
United States
18 Aug 2015
Missouri Court Of Appeals Finds Juror Research Into Who Receives Punitive Damages Awards Non-Prejudicial
The Missouri courts seem to provide more than their share of material worthy of comment.
United States
15 Jul 2015
Montana Supreme Court Upholds $5 Million Punitive Award That Is Five Times The Compensatory Damages
Montana is known fondly to many as Big Sky Country, but it also is quickly gaining a reputation for big punitive damages awards.
United States
5 May 2015
Using Supreme Court Commerce Clause Doctrine To Demonstrate That A Large Punitive Award Effects Improper Extraterritorial Punishment
The Supreme Court held in BMW v. Gore that states may not use punitive damages awards to punish a defendant for the impact of its conduct in other states.
United States
7 Apr 2015
Some Thoughts About Verdict Forms
When we are asked to assist with post-verdict motions after a jury has returned a large punitive award, all too often we find that the verdict form relating to punitive liability asks only whether the standard for punitive liability has been satisfied.
United States
20 Feb 2015
Why Senator Leahy’s Proposal To Bar Businesses From Deducting Punitive Awards From Taxable Income Is A Bad Idea
In mid-January, Senator Patrick Leahy (Dem. Vt.) proposed—again—legislation that would prevent businesses from deducting from taxable income any punitive damages they have paid during the relevant tax year.
United States
12 Feb 2015
National Law Journal Recognizes Evan Tager As A "Litigation Trailblazer"
We congratulate our Editor-in-Chief Evan Tager for his inclusion in the National Law Journal’s inaugural list of fifty "Litigation Trailblazers and Pioneers."
United States
2 Feb 2015
California Court Of Appeal Holds That Plaintiff May Not Collect Both Multiple Damages And Punitive Damages For Same Conduct
In prior posts, we have occasionally adverted to the issue of multiple punishments in the constitutional context.
United States
26 Jan 2015
Why Courts Should Not Defer To Phantom Factual Findings When Reviewing Punitive Damages Awards For Excessiveness
Everyone who follows punitive damages law knows that the Supreme Court has identified three guideposts for determining whether a punitive award is excessive under the Due Process Clause: ..
United States
23 Dec 2014
When Is A 99.6% Reduction Of A Punitive Damages Award Not Enough? When The Original Award Was $9 Billion And There Are Thousands Of Other Plaintiffs Seeking Comparable Awards.
A jury in the Western District of Louisiana made headlines last spring when it awarded a stunning $9 billion in punitive damages to a plaintiff who contended that the diabetes drug Actos caused his bladder cancer.
United States
12 Nov 2014
Corporate Finances: Punitive Damages’ 800-Pound Gorilla
It seems perfectly obvious, to this writer at least, that by far the most significant factor fueling the drive over the past several decades to ever larger punitive awards is evidence of corporate finances, and jury instructions and arguments that punitive damages should be set on the basis thereof.
United States
14 Oct 2014
Missouri Supreme Court Makes Fundamental Mistakes In Conducting Excessiveness Review Of Million-Dollar Punitive Award
In a post last week, Lauren Goldman discussed the Missouri Supreme Court's decision in Lewellen v. Franklin striking down Missouri's cap on punitive damages as applied to common-law causes of action and promised that we would do a subsequent post addressing the court's further holding that the punitive damages in that case were not unconstitutionally excessive.
United States
26 Sep 2014
Alternatives To Traditional Bifurcation
In a recent post, we set forth our views on why, with some forethought, traditional bifurcation—i.e., trying liability for the underlying tort, compensatory damages, and liability for punitive damages in the first phase and, if necessary, the amount of punitive damages in a second phase—can be a beneficial procedural safeguard for defendants.
United States
18 Aug 2014
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