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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
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
To Bifurcate Or Not To Bifurcate, That Is The Question
As we noted in a prior post, many state legislatures and supreme courts have mandated that the amount of punitive damages be tried separately from other issues in the case if the defendant so requests.
United States
12 Aug 2014
Montana Supreme Court To Review Decision Declaring Punitive Damages Cap Unconstitutional
The threat of large punitive damages awards is particularly acute for businesses, large and small. Like many of its counterparts in other states, the Montana legislature sought to relieve businesses of the unpredictability and hydraulic pressure to settle created by the risk of uncabined punitive awards by imposing a cap on such awards: ..
United States
8 Jul 2014
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