We reported on a bunch of eye-popping punitive awards in 2017. There have been further developments in a number of those cases. Though we may provide more comprehensive discussions of some of those developments, here is a quick update.
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New York Appellate Division Allows Punitive Award Based On Post-Injury Spoliation of Evidence But Reduces Ratio to 1:1
In Gomez v. Cabatic, the New York Appellate Division, Second Department, affirmed the imposition of punitive damages in a medical malpractice case based on the defendant’s destruction of documents in an effort to avoid liability. But it ordered a…
Ninth Circuit Issues Mixed-Bag Decision On Punitive Damages In Insurance Bad-Faith Case
The Ninth Circuit recently issued an unpublished memorandum opinion reducing a $2.5 million punitive award against GEICO to $1,064,282.44—four times the compensatory damages—in a Montana insurance bad-faith case. When it comes to punitive damages doctrine, the decision is a mixed…
Federal Jury Returns $140 Million Punitive Verdict Against AbbVie In Second AndroGel Trial
As my colleague Andy Frey and I reported in an earlier post, an Illinois federal jury in July returned a $150 million punitive verdict against AbbVie without awarding the plaintiff any compensatory damages. That verdict is likely to be…
Guideposts Nominated For Best Legal Blog
We are honored that Guideposts has been nominated in The Expert Institute’s Best Legal Blog Contest.
If you have found the blog useful and would like to show your support, you can vote for us here or click on the…
Third Circuit Issues Helpful Decision On Punitive Liability Under New Jersey Law
In a recent decision in In re Paulsboro Derailment Cases, the Third Circuit affirmed the dismissal of a case brought by plaintiffs who alleged that they had been exposed to airborne chemicals following a train derailment. This decision turned on…
Fourth Circuit Issues Mixed-Bag Decision On Punitive Damages In FCRA Cases
Inevitably, when conscientious judges delve into the multi-dimensional issue of excessive punitive damages, they get some things right and other things wrong. Such is the case with the Fourth Circuit’s recent decision in Daugherty v. Ocwen Loan Servicing, LLC.…
California Jury Returns $417 Million Award—Of Which $347 Million Constitute Punitive Damages—In Individual Case Alleging That Talcum Powder Causes Ovarian Cancer
They don’t call the California Superior Court in Los Angeles “The Bank” for nothing. Late last month, a jury held Johnson & Johnson liable for $70 million in compensatory damages and $347 million in punitive damages in a case brought…
Federal Jury Returns $150 Million Punitive Verdict Against AbbVie—Without Awarding Any Compensatory Damages For The Plaintiff’s Injury—As A Result Of Multiply Flawed Jury Instructions
You’ve likely seen by now media reports about an Illinois federal jury’s $150 million punitive award against AbbVie in a case brought by a plaintiff who alleged that AbbVie’s low-T medication AndroGel caused his heart attack.
The jury found against…
Texas Supreme Court Issues Important Decision On How To Calculate Ratio Of Punitive To Compensatory Damages In Multi-Defendant Cases
Application of the Supreme Court’s excessiveness guideposts to cases involving multiple defendants is one of the more confounding problems that arises in punitive damages jurisprudence. The Supreme Court of Texas got the issue right in Horizon Health Corp. v. Acadia…