Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

An Update On Recent Excessiveness Decisions: Part I

By Evan M. Tager on April 17, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

During the past couple of months, courts have been busy addressing excessiveness challenges to punitive damages awards. In this post, I discuss two recent decisions.  In a second post, I will cover two additional decisions.

Ramirez v. TransUnion LLC

This is a class action under the Fair Credit Reporting Act (“FCRA”). In essence, the plaintiffs alleged that TransUnion included in their credit reports an erroneous notification that they are on a government terrorist watch list.

A jury found TransUnion liable and awarded each of the 8,185 class members $984.22 in statutory damages—i.e., damages within a specified range that Congress has provided for as an alternative to compensatory damages, which may be small and difficult to quantify. It also awarded each class member $6,353.08 in punitive damages.

The case involves some interesting standing issues—including one that divided the panel—as well as issues relating to class certification, liability, and the amount of statutory damages. Suffice it to say that the court resolved none of these issues in favor of TransUnion.

But the panel did decide that the punitive damages—which amounted to roughly $52 million—were unconstitutionally excessive. The most notable aspect of its ruling—which may be counted as another victory for the plaintiffs even though the punitive damages were reduced—involved the ratio guidepost.

Focusing on the Supreme Court’s statement in BMW and State Farm that a ratio of 4:1 might be close to the constitutional line, the court held that the jury’s ratio of 6.45:1 was excessive and that “a ratio of 4 to 1 is the most the Constitution permits.” That leaves a still whopping punitive award of more than $32 million.

In allowing that massive aggregate punishment, the court never explained why a lower amount would have been inadequate to achieve the federal interests in deterrence and punishment, as the Supreme Court and many appellate courts have required.

Nor did it even mention, much less attempt to address, the Supreme Court’s admonition in State Farm that “[w]hen compensatory damages are substantial,” a 1:1 ratio “can reach the outermost limit of the due process guarantee.” Indeed, the court distorted that principle by saying instead that “‘[w]hen compensatory damages are substantial,’ a ratio lower than 4 to 1 may be the limit” (emphasis added).

Moland v. McWane, Inc.

The plaintiff in this case, an African-American, was a production supervisor at a McWane manufacturing plant. After repeated run-ins with other employees, he was terminated. He sued McWane under various state and federal anti-discrimination laws. The jury found McWane liable and awarded the plaintiff $373,514 in economic damages, $2.5 million in non-economic damages, and $13.8 million in punitive damages.

In a lengthy, but unpublished, opinion, the California Court of Appeal rejected all of McWane’s sufficiency-of-the-evidence and new-trial arguments, but agreed with McWane that the punitive damages were unconstitutionally excessive.

Although stating that the 4.8:1 ratio was not “inherently suspect,” the court nonetheless concluded that it was excessive under the circumstances. In particular, it noted that the award of noneconomic damages was “substantially greater than” in any of the cases cited by the plaintiff in support of the punitive award.

At the same time, the Court of Appeal rejected McWane’s argument that “the jury’s substantial award of noneconomic damages supports a punitive damages award no higher than the award for compensatory damages; i.e., a ratio of 1 to 1.” Citing the Second Circuit’s decision in Turley v. ISG Lackawanna, Inc., it held that “where noneconomic compensatory damages and the reprehensibility of the defendant’s conduct are both high, the constitutional limit may exceed a ratio of 1 to 1.”

Following the Second Circuit’s lead, the Court of Appeal ruled that “the reprehensibility of McWane’s conduct supports a two-to-one ratio of punitive to compensatory damages.” It accordingly reduced the punitive damages to $5,747,028.

Photo of Evan M. Tager Evan M. Tager

Evan Tager is a member of the Supreme Court & Appellate practice in Mayer Brown’s Washington, DC office. Identified by Chambers USA as one of America’s leading appellate lawyers for the past eight years, and profiled by Legal Times as a leading appellate…

Evan Tager is a member of the Supreme Court & Appellate practice in Mayer Brown’s Washington, DC office. Identified by Chambers USA as one of America’s leading appellate lawyers for the past eight years, and profiled by Legal Times as a leading appellate lawyer, Evan has been integrally involved in a range of issues of paramount importance to the business community, including punitive damages, class certification standards, admissibility of expert testimony, and enforceability of arbitration agreements.
Read Evan’s full bio.

Read more about Evan M. TagerEmail
Show more Show less
  • Posted in:
    Class Action & Mass Torts
  • Blog:
    Guideposts
  • Organization:
    Mayer Brown
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • U.S. Legal Insights for Korean Businesses
  • Latin American Blog
  • Intellectual Property Law Blog
  • Insurance Law Blog
  • Global Projects View
Copyright © 2023, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo